HomeMy WebLinkAbout1991 04 21 - Interlocal Agreement between IRC and SebastianINTERLOCAL UTILITIES AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
CITY OF SEBASTIAN, FLORIDA
INTERLOCAL UTILITIES AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND
CITY OF SEBASTIAN, FLORIDA
THIS AGREEMENT, made this / day of Q jZh� , 1991, by
and between
INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, the address of which
is 1840 25th Street, Vero Beach, Florida
32960 (hereafter COUNTY)
and the
CITY OF SEBASTIAN, a municipal corporation of
the State of Florida, the address of which is
Post Office Box 127, Sebastian, Florida 32978
(hereafter CITY), and its successors and/or
assigns,
W I T N E S S E T H:
That for and in consideration of the premises and other good
and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the COUNTY and the CITY agree as follows:
PRELIMINARY FINDINGS
1. AGREED FACTS. The following are true statements:
1.1. The CITY granted a water franchise to General
Development Utilities, Inc. (GDU) in CITY Ordinance 0-81-8 and
granted a sewer franchise to GDU in CITY Ordinance 0-81-9 (col-
lectively the GDU franchises) to allow GDU to operate and main -
2
tain a water distribution and a wastewater collection and dis-
posal system within a portion of the CITY.
1.2. On January 14, 1987, by CITY Resolution R-87-6,
the CITY gave the COUNTY a 30 -year exclusive franchise for the
provision of water and wastewater services within the rest of the
City.
1.3. An interlocal agreement entered into between the
CITY and COUNTY and effective February 3, 1987, required the CITY
to assist the COUNTY in assessing property owners for the
construction of collection systems in the City limits.
1.4. At construction financing for a wastewater plant
and main lines, the COUNTY issued revenue bonds in the amount of
$6,075,000 on October 15, 1989. Part of the security for the re-
payment of these bonds was the revenue from impact fee assess-
ments for reserved connections within the City.
1.5. The COUNTY has constructed a wastewater treatment
plant, major collection lines, and certain force mains from the
plant through the unincorporated area into the City and beyond
and was ready to provide service for CITY customers on or about
March 5, 1991. Ivo t� PAav I IAce, 20 1N PNUA LALce Cava 1 84 -TU-CAL-
1.6. Approximately 303 CITY equivalent residential
units (including those in Park Place) are now receiving
wastewater service from these facilities.
1.7. On December 12, 1990, the CITY and COUNTY entered
into and executed an assignment whereby the CITY transferred to
3
the COUNTY, and the COUNTY accepted, all of the CITY's right,
title, and interest in the GDU franchises, except the right to
receive any and all franchise revenues and fees owed under the
GDU franchises, and except the right to regulate rates and
charges being charged and collected pursuant to the GDU fran-
chises.
1.8. The CITY on or about February 27, 1991, deter-
mined that it would be in the CITY's best interest to consider a
revocation or cancellation of the franchise given to the COUNTY
in paragraph 1.2 and perhaps provide its own water and wastewater
service.
1.9. On March 5, 1991, the COUNTY unanimously agreed
to relinquish its franchise rights within the CITY if that was
what the CITY wished.
1.10. On March 13, 1991, the COUNTY sent a letter to
the CITY offering to relinquish its franchise rights.
1.11. On April 5, 1991, the CITY conditionally
accepted the COUNTY's offer, subject to completion of the neces-
sary documents containing terms and conditions acceptable to both
parties so that agreements, ordinances, and resolutions may be
rescinded in such a manner as to not impact third parties.
1.12. On March 27, 1991, the CITY hired a utility con-
sultant to prepare a feasibility study concerning whether the
CITY should provide its own water and wastewater systems.
4
1.13. The feasibility study prepared by the CITY's
consultants was presented to the CITY on June 26, 1991, and
recommended that the CITY go ahead with its own utility service.
1.14. Based on the announced intention of the CITY to
develop its own utility systems, on or about August 6, 1991,
COUNTY cancelled plans for expanding the COUNTY's North County
Wastewater Treatment Plant.
1.15. The CITY is taking the necessary steps to regain
all of its rights under the GDU franchises in order to
potentially acquire GDU's water and wastewater systems to enable
the CITY to develop a City-wide water and wastewater utility.
Modification of the COUNTY's franchise is also a necessary
prerequisite to the CITY's development of its own water and
wastewater system.
1.16. The COUNTY has agreed to cooperate with the CITY
as long as the interests of the COUNTY utility system, the bond
holders, and the CITY customers who have reserved capacity in the
system are all protected.
1.17. The COUNTY and CITY staff members have met on
several occasions to work out interim plans to effect the separa-
tion of the utility systems and have recommended the provisions
of this agreement as an acceptable way to satisfy the concerns of
all parties.
5
EXISTING AGREEMENTS
2. CANCELLATION OF COUNTY FRANCHISE. Effective May 1,
1992 the "Cancellation Date"), the parties hereby agree to and
do cancel the existing franchise and all of the rights granted to
the COUNTY by the CITY under CITY Resolutions R-87-6 and R-87-7,
and under the Intergovernmental Agreement between the CITY and
the COUNTY which was effective February 3, 1987.
3. CONTINUANCE OF PRESENT SERVICE. Up to and until the
Cancellation Date, the COUNTY will allow available permanent
capacity of the COUNTY system to be purchased by customers within
the City limits pursuant to the terms of the existing franchise.
Ma1 119
On and after ath t date2 the COUNTY will sell available permanent
capacity for connections within the City only to the CITY itself,
which may in turn make this capacity available to customers
within
the City. \m,, LiAD Skc,ll
ckc+ as a�
a5u+
4.
REASSIGNMENT OF RIGHTS TO
PURCHASE
GDU
FACILITIES. The
assignment by the CITY to the COUNTY by CITY Resolution R-90-55
of all right, title, and interest in GDU's franchises given in
CITY Ordinances 0-81-8 and 0-81-9 are hereby reassigned to the
CITY effective the date of this agreement. That Agreement
between the CITY and COUNTY entered into on December 12, 1990, is
hereby terminated. The parties agree that one of the effects of
this termination and reassignment is, among other things, to
allow the CITY to exercise its option to purchase the GDU
N
facilities and provide water and wastewater service in the
territory covered by the GDU franchises.
5. OTHER AGREEMENTS. During the term of the COUNTY's
franchise in the CITY an agreement was entered into with Park
Place which created rights and obligations in the County. This
agreement and all exhibits thereto is attached to and
incorporated in this Agreement as Exhibit "A." The COUNTY
assigns and the CITY assumes all COUNTY's rights, duties, and
obligations under this agreement effective upon the Cancellation
Date. The COUNTY agrees that the CITY's and its customers'
obligation to pay impact fees under this agreement attached as
iii �1 ;.,., 1',.p ,'•'i
Exhibit shall be the same as the Seller under this Agreement.
The COUNTY agrees to assist the CITY in any litigation with
respect to the agreement attached as Exhibit A." NOTE: is
NEW UTILITY AGREEMENTS
6. DEFINITIONS.
TIAs .ION-,( IIJ 1989 TAKSOVM
AGT.Vs% c- gF'SWHG1.1 kNOIhu
Riven. CmurJT`( AWS Nel.SOW
H`t ATC .
6.1. Class I Units - Units in the CITY which are
connected to or which have reserved capacity in the COUNTY waste-
water system before the Cancellation Date and which have a
collection system available to them, even if the physical
connection to the unit has not been made.
6.2. Class II Units - Units within the CITY which have
reserved capacity in the COUNTY wastewater system before the
7
Cancellation Date but which do not have a collection system
available.
6.3. Class III Units - Units within the CITY other
than Class I and II Units.
6.4. Treatment - The treatment, transmission, and
related effluent disposal of wastewater.
6.5. Utility Service - shall be used to include rate
setting, customer connections, meter installation, meter reading,
billing, bill collection, customer relations, customer com-
plaints, collection system construction, related repair work, and
all other necessary, customary, and convenient activities per-
formed by a utility company other than the treatment of waste-
water. Utility service shall not include repair and maintenance
of the COUNTY's lines, force mains, or pump stations shown on
Exhibit "B", as amended from time to time. These shall be the
responsibility of the COUNTY. E)u\1 iT "a" e --Q5 urrs 0 MASTPjX Qno%-Wz
ASSo UnTcs eNGWEMING PLANS POC I.Q. Co.' fQ,o VVr
7. SERVICE AGREEMENT. NO. US g1 -Z1 ec.S , NORTy covwr-r 5v64Eb10v wL
SdwW'R 51577M , CC61-r0E0%C'r N6 3 , Se_'C COLI-runa j
SYS'em Pvnow&- sTA'ToJS Q pp LCB MAI„S
7.1. Effective on the Cancellation Date but except as
modified by paragraph 7.5 hereof, the COUNTY will cease to be the
utility service provider within the City and will become instead
only the treatment, transmission, and effluent disposal
(hereinafter "treatment") provider for all wastewater generated
for all Class I and II Units and for the number of Class III
Units for which the CITY has purchased or does purchase permanent
capacity in a COUNTY wastewater treatment plant.
K
7.2. Effective on the Cancellation nate_the CITY shall
Ma.� I, ITIZ.
become the utility service provider for all classes of customers
within the City limits and shall, as part of this duty, provide
collection systems for Class II customers in a manner such that
the interests of the Class II customers will not have been harmed
by the revocation of the COUNTY franchise. The COUNTY agrees to
develop a nondiscriminatory, cost -of -service rate to be charged
to the CITY for treatment of the wastewater which rate shall take
into account the fact that the CITY is the utility service
provider for all classes of units within the CITY. The rate and
components which make up this rate are depicted in Exhibit "C" Rcsolul+�
No. 42-b o
attached to and incorporated in this Agreement. The CITY .fwrr 6„Ik AhTk u
,r W454 -v, a4�
reserves the right to become a wastewater treatment provider also 5—T:w
for any or all units within the CITY subject only to the rights
of the COUNTY as described in paragraph 8.
7.3. Upon installation and acceptance, the metering_
equipment shall become the property of the COUNTY, but the CITY
shall be responsible for the operation, maintenance, and replace- _
ment of the meter. The COUNTY shall read the metersfor billing _
purposes. The metering equipment shall meet the standards of the
American Water Works Association ("AWWA") for accuracy, which is
plus or minus three percent (3%). The CITY may request an
accuracy test by the provider without charge once during any
twelve (12) month period. The CITY may witness the test.
Additional testing may be requested by the purchaser at the
C
COUNTY's established cost for such tests. Copies of the test
results will be provided to the purchaser within thirty (30) days
of the test. There will be no charge for tests that discover an
inaccurate meter. If an inaccurate meter is found, as defined by
the AWWA, bill adjustments will be made for one-half (1/2) of the
preceding period since the last accuracy test. In any event, the
CITY shall continue to pay bills, whether disputed or not, until
any dispute is resolved. Following the period set forth in
paragraph 7.5 hereof, the requirement for the CITY to install a
sewer meter at a COUNTY pumping station shall not arise at said
pumping station until the CITY expands a gravity collection
system to be connected to that pumping station of adequate size
to warrant installation of an appropriately sized sewer meter to
be mutually agreed upon by the CITY and COUNTY based upon
industry standards and engineering standards. Until any such
installation, billing for sewage flows through that pump station
shall be based upon metered water consumption of each individual
customer. For b„Ik v-^44 ,c.. APPEl.011ti - Rt4rT 3
7.4. As a bulk customer of the COUNTY wastewater
system, CITY understands that it will have to comply with COUNTY
policies on the quality of wastewater put into the COUNTY system
and other customer reasonable, technical standards adopted by the
COUNTY countywide.
7.5. COUNTY shall provide any of the services included
within the term "Utility Service," which it can legally perform,
10
on behalf of the CITY, for up to one (1) year from the
Cancellation Date. The costs for the services to be charged by
COUNTY to CITY will be the COUNTY's retail rates. The CITY shall
have the option of earlier terminating this arrangement and
assuming responsibility for utility services at any time during
the one (1) year period by sending written notice to the COUNTY
giving the COUNTY thirty (30) days' advance notice. Upon
termination of the COUNTY's provision of utility services
hereunder or the end of the one (1) year period, whichever first
occurs, the COUNTY shall not charge said retail rates, but rather
shall charge the bulk rates referred to in Exhibit "C" hereof.
8. TRANSFER OF UNITS. The COUNTY agrees that on the
request of the CITY it will transfer to the CITY for treatment
purposes also -Class I and Class II Units and any Class III Units
for which permanent capacity has been bought, whenever the COUNTY
has a COUNTY customer available to purchase the capacity used or
reserved by the units which are requested to be transferred. The
COUNTY will use good faith efforts to procure a replacement cus-
tomer for the capacity, and, upon receipt by the COUNTY of the
COUNTY impact fee current at that time from the new customer, the
COUNTY shall remit to the CITY the impact fee originally paid by
the customer who is to be transferred to the CITY. This sum of
money may be used by the CITY to finance the City operated
replacement capacity needed to provide wastewater treatment for
that transferred unit. Units so transferred shall not be charged
an additional capacity impact fee by the CITY. (ov+t'-1-�Pajw,- )
11
9. TRANSFER OF COLLECTION SYSTEMS. The COUNTY and the
CITY both acknowledge that certain collection systems may be dis-
connected from the COUNTY system entirely, transferred to the
CITY without charge for the collection facilities, and
reconnected to a new CITY system, said reconnection to be at
CITY's expense, when all units on the system to be reconnected
are City customers, either by transfer or otherwise. The COUNTY
will cooperate in making these transfers.
10. CITY PURCHASE OF CAPACITY IN COUNTY PLANT. COUNTY
agrees to sell capacity to the CITY under standard COUNTY poli-
cies and rates. The present COUNTY policy is to expand waste-
water treatment plant facilities when financially and technologi-
cally feasible, and when consistent with the Utility Master Plan,
provided that reservations are committed which will fund the
expansion. Part of the reservation includes the requirement to
pay the COUNTY monthly base facility charges. b -fe.
11. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This agree-
ment is solely for the benefit of the formal parties herein and
no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party not a formal
party hereto. Nothing in this agreement expressed or implied is
intended or shall be construed to confer upon or give any person
or corporation other than the parties hereto any right, remedy,
or claim under or by reason of this agreement or any provisions
or conditions hereof; and all of the provisions, representations,
12
covenants, and conditions herein contained shall inure to the
sole benefit of and shall be binding upon the parties hereto and
their respective representatives, successors, and assigns.
12. DELINQUENT FEES, CHARGES, AND ASSESSMENTS. With
respect to customers who have previously purchased capacity from
the COUNTY but have not yet connected (Class II customers), the
CITY is not required to guarantee or make payment of COUNTY
impact fees, base facility charges or assessments in lieu of
impact fees due but not yet paid by the customer. However, if
the said customer does not pay any such assessments, fees and
charges, the COUNTY may keep any impact fees, charges or
assessments paid and the individual customer cannot receive
service from either the CITY or the COUNTY unless all delinquent
assessments, fees, and charges are paid to the COUNTY. Under
these circumstances, the CITY shall be able to charge an
additional impact fee charges, and assessments to the customer
but shall not provide service until all delinquent fees,
assessments, and charges are paid by said customer to the COUNTY.
13. TERM OF AGREEMENT. The agreement shall be in effect
for 30 years. The termination of agreements, resolutions, and
ordinances specified in paragraphs 2 and 4 hereof shall not be
affected by termination of this Agreement.
IN WITNESS WHEREOF, COUNTY and CITY have entered into this
13
agreement on the date first above written.
Attest:
Jeff a Ba ton, Clerk
Q
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Attest: }� CITY OF CIE
(By.
r J1/ i
Kath yn M. O'Halloran, Clerk onnie
Attachments: Exhibits "A," "B," and "C"
is i-�-. 3�ly lit 1989 T44w.K..-
119rtt...e..tir 13.+� 1. L Co. 4.1 IJals...
77/29:318/5 {Aj .ft-
EXMibi Q — M�s4 At, kMdlw Ers9intern.S
P14•,s U.,uS5I-7W
W.. C.. Sv6 rt.Si w..l Sc.wi S.nAA .., v C. -
-F*urk
PJr, Sl•.Is i.l d Fwt1. 1'4.N
K• �� Chairman
/
11 'Mayor
Cx.l,rbi-F � G �- ilt.wlu-i+a•. Ne. 92 -Lo
�'�.- 6..Ik Pvr•rA,�yei of w�a�ev.iv S...v+'u.
Approved ap to Form
and Conte4E:
an Nash, City Attorney
14
Date-i5-9_/S
W
Cx.l,rbi-F � G �- ilt.wlu-i+a•. Ne. 92 -Lo
�'�.- 6..Ik Pvr•rA,�yei of w�a�ev.iv S...v+'u.
Approved ap to Form
and Conte4E:
an Nash, City Attorney
14
A G R E E M E N T
BEN/EEN
INDIAN RIVER COUNTY, FLORIDA,
AND
NELSON HYATT
RE: COUNTY -TAKE -OVER -OF UTILITY SYSTEM
THIS AGREEMENT, made this 11th day of July
7989, between INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, 1840 25th Street, Vero Beach, FL
32960 (COUNTY) and NELSON HYATT (SELLER), whose address is
12505 North A -1-A, Vero Beach, FL 32963
W I T N E S S E T H
WHEREAS, SELLER is the owner of a water and
wastewater utility system servicing a portion of the City of
Sebastian; and
WHEREAS, COUNTY has embarked on a program of
providing quality water and wastewater service to as much of
Indian River County as Is financially feasible; and
WHEREAS, as part of this program, the COUNTY has
approached SELLER concerning purchasing h'ls utility system;
and
WHEREAS, SELLER has agreed to this purchase by
COUNTY, provided that he will have five years in which to
finish his development, without paying Impact fees, and for
those units sold before the end of the five-year period,
Impact fees will have to be paid only as those units are
resold; and
WHEREAS, SELLER would like to receive a return of
his initial cap I taI investment of some $777,000 used to
construct the utility; and
WHEREAS, the COUNTY agrees to this, provided that
only the customers In the service area of SYSTEM at the date
of this agreement shall be charged for this expense,
NOW, THEREFORE, for and In consideration of the
mutual covenants contained herein as well as other good and
valuable consideration, the COUNTY and SELLER agree as
follows:
F_Y 1-I l M l'(' "1\
1 T�7�ovae AG/tr`EheSt'
ttt—Cf.�1TuwI NtZ.i D�.t N`t 7\'T7 �
1. EXHIBITS TO BE PART OF THIS AGREEMENT:
Attached to this agreement are certain exhibits
which shall be considered to be Integral parts of this
agreement as much as if they were written in this agreement.
This list of exhibits is as follows:
Exhibit "A" - Description of all personal
property, customer deposits, and f(xturns Included In sale
of SYSTEM.
Exhibit "B" - Legal description of real
property (PROPERTY) to be sold to COUNTY.
Exhibit "C" - Description of all easements to
be transferred to COUNTY.
Exhibit "D" - Service area of utility SYSTEM.
2. DEFINITIONS:
A. SYSTEM - For convenience, the term
Yi'y3�IM, 7b'd§TRAI"
i3WAor In which It has
a legal Interest
which are being purchased by COUNTY and which Include the
following:
(1) The Items of Inventory described in
i
Exhibit "A."
"f}ttl ITltl� @itAte SwttEd" by SELLER
Md.trr'tt�d3� �"'Ap�Ii bUlldlhgq and'ImpfcveAmtc "r
EL ..._
'SLER tlM51titl]N±;#lF tl�
��eraefa�;itf'�6--'"t�ilt�tltte'to"all'-ef batd'r�al t'`
(3) All easements, licenses, rights of
way, and consents owned by SELLER for the construction,
operation, and maintenance of the SYSTEM, Including the
easements specifically set forth on Exhibit "C."
(4) All water and wastewater plants,
lines and facilities of every kind and description
whatsoever, including collection mains, transmission mains,
effluent distribution pipes, lift stations or facilities,
2
r. k
•The S, n '•1 of the Southwest 1/4,.. au
1/4, SectiM 20, Township 31 South, REnge.39task.
t Parcel 21
The Southeast 1/4 of kite Southeast 1/4, Section
20, Township 31 South, Range 39 East, LESS that
portion lying East of the Florida East Coast Railroad
tight -of -way.,
Parcel 3t
Tits West 1/2 of the Southeast 1/4 of the Northwest
1/4 and tits Northeast 1/4 of the Southeast 1/4 of .
the Northwest 1/4 of Section 29, Township 31 South,
Range 39 East, EXCEPT. kite following three parcels
of land)
A. Begiuulnil et a
point '25
feet
East
of Else
North-
west corner of tits
Southeast 1/4
of
kite Northwest
1/4 of Section 29,
Township
31 South,
Range 39
East,
run Cast 41 feet,
thence
South
150
feet,
thence
West 47 feet, thence
North
150
feet
to the
Point
of Beginning.
B. Beginning at a point 72 feet Rest of the North-
west corner of tits Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Range 39 Best,
thence Bask 100 feet, thence South 150 feet. thence
West 100 feet, thence North 150 feet to Point of
Beginning.
C. Beginning at a*point 25 feet test of Southwest
corner of Southeast 1/4 of Northwest 1/4 of Section
29, Township 31 South, Range 39 East, ruh North
50 feet thence East 100 feet, thence South 50 feet',
thence West 100 feet to Point of Beginning.
LESS road right-of-way.
Parcel 4t
The West 1/2 of tike Northeast 1/4, Section 29, Town-
ship 31 South, Range 39 East.
Parcel 51
That part of the WE 1/4 of BE 1/4 of Section 2U,
Township 31 South, Range 39 Book, lying West of
the West right-of-way of Florida East Coast Railroad,
LESS.TNU EXCEPT kite following two parcels of lands
A. The North 6.5 acres of the HE 1/4 of the Be
1/4.
U. The South 150 East thereof.
The Northeast 1/4 of the Southeast 1/4 of Section 20,
Township 31 South, Range 39 East, Indian River County,
Florida, LESS and EXCEPT the followings
1. The North 6.5 acres thereofl
2. The Soukh 150 feet lying West of the FEC right-of-ways
3. The South 550 feet lying East of the FEC right-of-ways
4. Right-of-way for U. S. llighway fl and FEC Railroad.
That part of tike Northwest 1/4 of the Southwest 1/4 of
Section 21, Township 31 South, Range 39 East, lying West
of U. S. Highway 11 right-of-way, leas the South 550
feet thereof.
EXHIBIT A-1
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IN THE CIRCUIT COURT, NINETEENTH
JUDICIAL CIRCUIT, IN AND FOR
INDIAN RIVER COUNTY, FLORIDA.
CASE NO. 88-0100 CA -09
Judge Paul B. Ranarek
NELSON C. HYATT, cn
S1.e1t of FIcnIDA •h _ .�+ -
Plaintiff, INDIAN RIVER COUNTY"j
O I
11115 IS To CERTIFY THAT 11115 a
A TRUE AND CORRECT CORY OF 7:9,
V9. N �
THE ]RIOINAL ON FILE IN THIS �Ar-
J
OFFICE zF^�A S
R. STEPHEN MILES, OR., FR W IGI LER �'jf ;:
as Trustee, at al., eY __L���o.4 c,=1 `•q
AtE
Defendants. o
CERTIFICATE OF TITLE
Tile undersigned Clerk of the Court certifies that she
executed and filed a Certificate of Sale in this action on the
day of October, 1988, for the property hereinafter
described,' said sale having been confirmed by the Court.
The following property in Indian River County, Florida,
to -wit: �• ST. - PAT. 1.5 577 ='—
EREDA wil"It. Clerk of ckc1A cout
Man MYe foulry - b►":�„„ «../
1 Parcel 1E G�nfL
The South 3/4 of the Southwest 1/4 of the Southeast
1/4, Section 20, Township 31 South, Range 39 East.
' Parcel 21
The Southeast 1/4 of the Southeast 1/4, Section
20, Township 31 South, Range 39 East, LESS that
portion lying East of the Florida East Coast Railroad
right-of-way..
Parcel 31
The West 1/2 of the Southeast 1/4 of the Northwest
1/4 and the Northeast 1/4 of t19e Southeast 1/4 of
the Northwest 1/4 of Section 29, Township 31 South,
Range 39 East, EXCEPT. tlae following three parcels
of land)
A.
Beginning
at a
point 25
feet
East
of the
North-
west
corner of
t11e
Southeast 1/4
of
Elle Northwest
1/4
of Section
29,
Township
31 South,
Range 39
East,
run
East 47
feet,
thence
South
150
feet,
thence
West
47 feet,
thence North
150
feet
to the
Point
of Beginning.
B. Beginning at a point 72 feet Post of the North -
went corner of the Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Ranges 39 rest,
thence East 100 feet, thence South 150 feet, thence
West 100 feet, thence North 150 feet to point of
Beginning.
Ii
n n nntl D(! ng4n
Irnct
F
lUAGlnn
.1.
•1. to.,M
noo
C. Be g..,ln i,Iq at a point 25 feet Egaat of Southwest
.corner of Southeast 1/4 of Northwest 1/4 of Section
29, Township 31 South, Range 39 East, run North
SO feet thence East 100 feet, thence South 50 feet,
thence West 100 feet to Point of Beginning.
LESS toad right-of-way. -
Parcel 4r
The West 1/2 of the Northeast 1/4, Section 29, Town-
ship 31 South, Range 39 East.
Parcel Sr
That part of the NE 1/4 of
Township 31 South,
SE 1/4
of Section 20,
Elle West
Range 39
right-of-way of Florida
East,
lying West of
LESS AND
EXCEPT the following
East coast Railroad,
two parcels of landr
A. The
1/4.
North 6.5 acres of
the NE
1/4 of Elie BE
B. The South 150 feet thereof.
TOGETIIER WIT11 the Utility and water system, lines,
plant and all facilities relating thereto and located
on and being incorporated in the teal property above
described.
SUBJECT TO a first mortgage to First Citizens Federal
Savings and Loan Association dated September 11,
1904 and recorded in Official Records Book 0693,
Page 2040, and Official Records Book 0696, Page
2939, Public Records of Indian River County, Florida,
in the original.principal amount of $3,000,000.00.
(Modular homes are not included.)
was sold to Nelson C. Hyatt, 12505 N. AIA, Vero Beach, FL 32693
WITNESS my hand and the seal of this Collrt this a�
day of October, 1988.�•'•
FREDA WRIGIIT t-:
Clerk o Ehe Conrt -
By :..
Deputy Chez
I HERESY CERTIFY that a true and correct copy of the
foor�e7go4ng Certificate of Title was furnished by u. s. t1all this
a
-day of October, 1980, to the parties named': attached
mailing list,
CK% ., •.
, II(
n n nmi pr.
C"
t[7
07
N
d
_M
co
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cc
ej
ng4t.ti�
LEGAL DESCRIPTION
COMMENCE AT THE NE CORNER OF THE NW 1/4 OF THE SE 1/4 OF
SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST
AND RUN S 00 45' 33" E ALONG THE EAST LINE OF THE AFORESAID 40 -
ACRE TRACT A DISTANCE OF 211.99 FEET TO THE POINT OF
BEGINNING
THEN RUN S 890 0947" E A DISTANCE OF 108.90 FEET TO THE WEST LINE
OF THE FLORIDA EAST COAST RAILWAY (100 FEET WIDE).
THEN RUN ALONG THE WEST RIGHT-OF-WAY, S 26000'12"E A DISTANCE
OF 659.37 FEET TO A POINT LYING N 26°00' 12" E 12
FEET FROM THE CENTER OF PAVEMENT OF AN UNDEDICATED
ROAD.
THEN RUN S 890 14'27"W A DISTANCE OF 39OA7 FEET TO THE AFORE-
MENTIONED 40 -ACRE LINE.
THEN RUN N 0045'33"W ALONG THE SAID 40 -ACRE LINE A DISTANCE OF
599.43 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.419 ACRES AND LYING IN INDIAN RIVER
COUNTY, FLORIDA.
n
Al
LEGAL DESCRIPTION
COMMENCE AT THE CENTERLINE INTERSECTION OF STRATTON
AVENUE AND BRISTOL STREET, AS SHOWN ON THE PLAT OF
SEBASTIAN HIGHLANDS UNIT 17, RECORDED IN PLAT BOOK 8
PAGE 46 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA AND RUN ACCORDING TO THE SAID PLAT
S 0' 29' 01° E ALONG THE CENTERLINE OF BRISTOL STREET
A DISTANCE OF 25.00 FEET. THEN RUN
EAST 25.00 FEET TO THE EAST RIGHT-OF-WAY OF BRISTOL
STREET AND THE POINT OF BEGINNING. THEN RUN
ALONG A 1014.13 FOOT RADIUS CURVE CONCAVE TO THE NORTH,
WITH A CHORD BEARING OF N 83' 37' 33° E, THROUGH A
CENTRAL ANGLE OF 12' 44' 54', AN ARC DISTANCE OF
225.64 FEET TO A POINT. THEN RUN
S 0' 29' 01" E A DISTANCE OF 169 FEET TO A POINT. THEN RUN
WEST 224 FEET TO A POINT. THEN RUN
N 0029' 01" W A DISTANCE OF 144 FEET TO THE POINT
OF BEGINNING.
CONTAINS 0.80 ACRES, LYING IN INDIAN RIVER COUNTY,
FLORIDA.
THE SETTING OF PROPERTY CORNERS IS BEING DEFERRED
AT THE REQUEST OF A REPRESENTATIVE OF THE
UTILITIES DEPARTMENT.
The Northeast 1/4 of the Southeast 1/4 of Section 20,
Township 31 South, Range 39 East, Indian River County,
Florida, LESS and EXCEPT the followings
I. The North 6.5 acres thereof,
2. The South 150 feet lying West of the FEC right-of-way,
3. The South 550 feet lying East of the FEC right-of-way,
4. Right-of-way for U. S. Highway 41 and FEC Railroad.
That part of the Northwest 1/4 of the Southwest 1/4 of
Section 21, Township 31 South, Range 39 East, lying West
Of U. S. Ilighway Al right-of-way, less the South 550
feet thereof.
Exhibit "A"
VILLAGES OF LAKE DOLORES FRANCHISE
LEGAL DESCRIPTION
PARCEL 1 - The South 3/4 of the Southwest 1/4 of the South-
east 1/4, Section 20, Townehip 31 South, Range 39 East.
PARCEL 2 - That part of the Southeast 3/4 of the Southeast
1/4, Section 20, Township 31 South, Range 39 East, lying Rest of
the Florida East Coast Railway right-of-way:
PARCEL 3 - The Nest 1/4 of the Southenst 1/4 of the Northwest
1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northwest
1/4 of Section 29, Township 31 South, Range 39 East, except the
following 2 parcels of land!
1. beginning at a point 25 feet east of the
Northwest Corner of the Southeast 1/4 of the
Northwest 1/4 of Section 29-31-39, run east
141 feet, thence South 150 feet, thence west
147 feet,thence north •150 feet to point of
beginninq; and
2. Beginning at a 'point 25 feet east of' tile
Southwest corner of Southeast 1/4 of North-
went.1/4 of Section 29-31-39, run north 50
feet, thence east 100 feet, thence south 50
feet, thence went loo feet to the point of
beginning; lean road right-of-way.
PARCEL 4 - The west 1/2 of the Northeast 1/4, Section 29,
Township 31 South, Range 39 East. Said property lying and being
.in Indian River County, Florida.
PARCEL 5 - That part of the southeast quarter of the south-
east quarter of Section 20, Township 31 South, Range 39 East
lying Nest of the F.E.C. Railway right-of-way.
PARCEL 6 - That part of the northeast quarter of the south-
east quarter of said Section 20, lead the north 6.5 acres there-
of; and less the south 150 feet lying west of the F.E.C. Railway
right-of-way, and rights-of-way for the F.E.C. Railway and V.S.
Highway No. 1.
EfX:H l BST
RESOLUTION NO. 91- 31
A RESOLUTION OF INDIAN RIVER COUNTY,
FLORIDA, ADOPTING RATES, FEES, AND
CHARGES FOR THE DEPARTMENT OF UTILITY
SERVICES, PURSUANT TO THE AUTHORITY
OF ORDINANCE NO. 91-9
WHEREAS, Indian River County operates a Department of Utility Services,
which is funded without contribution from the ad valorem tax fund of the County and
is required to support itself from rates, fees, and charges paid by the customers of the
utility system, and
WHEREAS, Ordinance No. 91=9 authorizes the imposition by the Department
of Utility Services of certain rates, fees, and charges to support the oeration of the
Department in a fair and equitable manner. p
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
schedule of rates, fees, and charges is hereby adopted by use by the Department of
Utility Services effective April 1, 1991. Rates, fees, and charges shown for 1992 will
become effective October 1, 1991. Rates, fees, and charges shown for 1993 will
become effective October 1, 1992.
The resolution was moved for adoption by Commissioner Scurlock
and the motion was seconded by Commissioner Eggert
put to a vote, the vote was as follows: , and, upon being
Chairman Richard N. Bird
Vice Chairman Ga Aye
Commissioner Don C Scut lock, Jr. Absent
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn IC Eggert Aye
The Chairman thereupon declared the resolution duly passed and adopted this
—12 day of _ M— a- —�_ 1991.
Attest:
Jeffrey K. Barton Clerk
A1075,W,51
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Richard N. Bird
Chairman
E-iuIB1-T Mp\'
SCHEDU%'c OP V-P.TES,Feus, E.
9
SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES
1991, 1992, AND 1993
-,V, - uaiculated as
85 Percent of Water Use -
Per 1,000 Gallons - 10,000
Gallon Per Month Maximum for
Residential Customers
Excess Volume Surcharge For
Use Greater than 11,000
Gallons Per Month Per ERU
Per 1,000 Gallons
Excess Sewage Strength Charge
Excess Sewage Strenglh Charge
Applicable to Customers
Required to Use Greasetraps
But Who Have Obtained a
Variance Due to Hardship or
Financial Unfeasibility
Septage
Charge per 1,000 Gallons
IMPACT FEES
Water - Per ERU
Water Treatment and Storage
Water Transmission
Total
Sewer - Per ERU
Wastewater Treatment and Sludge
Disposal
Effluent Disposal
Wastewater Transmission
Total
1075/047. wk
1991
$3.35
$3.70
Sewage Charge '
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand In
Milligrams per
liter / 250
50 Percent Excess
Sewage Strength
Charge
$95.00
$818.00
$502.00
$1.320.00
$979.00
$604.00
5580.00
$2.163.00
1992
$3.35
$4.05
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand In
milligrams per
liter / 250
$100.00
$893.00
$548.00
$1,441.00
$1.048.00
$647.00
$626.00
$2,321.00
1993
$3.35
$4.45
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand In
milligrams per
liter / 250
$105.00
$973.00
$597.00
$1,570.00
$1,159.00
$716.00
$676.00
$2.551.00
SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES
1991, 1992, AND 1993
Water Service Connection
7991
7992
1993
518 Inch Meter
$400.00
$400.00
$400.00
1 Inch Meter
3460.00
$460.00
$460.00
1 1/2 Inch Meter
$810.00
$810.00
$810.00
Larger than 1 112 inch Meter
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
Sewer Service Connection
Residential
Commercial and Other
Paved Road Cuts
Road Jacking and Boring
Grass Restoration
Unauthorized Use of Fire Hydrants
Other and Extraordinary
Services
Meter Installation
5/8 Inch Meter
1 Inch Meter
1 1/2 Inch Meter
21nch Meter
3 Inch Meter and Larger
Fire Hydrant Meter .
Water Service Reconnection
During Working Hours
After Working Hours
db1075/047. wk 1
5500.00
Cost Plus Overhead
Cost Plus Overhead
$200 Minimum
Cost Plus Overhead
Cost Plus Overhead
$115.00
Cost Plus Overhead
$130.00
$200.00
$500.00
$630.00
Cost Plus Overhead
$25.00
$18.00
$25.00
$500.00
Cosi Plus Overhead
Cost Plus Overhead
$200 Minimum
Cost Plus Overhead
Cost Plus Overhead
$115.00
Cost Plus Overhead
$130.00
$200.00
$500.00
$630.00
Cost Plus Overhead
$25.00
$16.00
$25.00
$500.00
Cost Plus Overhead
Cost Plus Overhead
$200 Minimum
Cost Plus Overhead
Cost Plus Overhead
$115.00
Cost Plus Overhead
$130.00
$200.00
$500.00
$630.00
Cost Plus Overhead
$25.00
$18.00
$25.00
SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES
1991, 1992, AND 1993
Franchise Name Change
Franchise Territory Change
Change of Ownership
49 ERUs or Fewer
50 ERUs or More
Rate Hearing
49 ERUsor Fewer .
50 ERUs or More
Public Hearing
lbt075/047.wkl
1991
Cost Plus Overheac
$1,100 Minlmum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$575.00 Minimum
Cost Plus Overhead
$115.00 Minimum
1992
Cost Plu— OOv
$1,100 Minimum
Cost Plus Overhead
$115.00 Minimum
.Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$575.00 Minimum
Cost Pius Overhead
$115.00 Minimum
Cost Plus Overhead
$1,100 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$115.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$300.00 Minimum
Cost Plus Overhead
$575.00 Minimum
Cost Plus Overhead
$115.00 Minimum
J
RESOLUTION NO. R-92-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, INDIAN RIVER COUNTY,
REPEALING RESOLUTION NOS. R-87-6, R-87-7, AND
R-90-55; REPEALING THE INDIAN RIVER COUNTY
WATER AND SEWER FRANCHISE; PROVIDING FOR THE
APPROVAL OF AN INTERLOCAL UTILITIES AGREEMENT
BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE
CITY OF SEBASTIAN, FLORIDA; PROVIDING FOR
REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, beginning in 1986, Indian River County and the City
of Sebastian held discussions and meetings regarding the County's
desire to provide water and wastewater service within the City of
Sebastian; and
WHEREAS, at two hearings held by the Sebastian City Council
on January 7 and January 14, 1987, the City of Sebastian (the
"City") adopted a series of documents which granted certain
franchise and service rights to Indian River County within the City
of Sebastian; and
WHEREAS, the City adopted Resolution Nos. R-87-6 and R-87-7
which had the effect of granting a franchise to Indian River County
before the entire area within the incorporated limits of the City
(excluding previously granted franchised areas) and which approved
the form and substance of an Intergovernmental Agreement; and
WHEREAS, the City adopted Resolution No. R-90-55 and executed
an Assignment Agreement dated December 12, 1990, in which the City
agreed to transfer to Indian River County (the "County") all of the
City's right, title and interest in the water and wastewater
franchises granted to General Development Utilities, Inc.; and
EXHIBIT
'- Engineers
Planners
Economists
Scientists
December 19, 1991
SEF30360.G0
Mr. Terry Pinto
Director, Utility Services Division
Indian River County
1840 25th Street
Vero Beach, FL 32960-3394
Subject: Bulk Wastewater Rate Letter Report
Work Order No. 6 authorized CH2M HILL to conduct an analysis of the cost to
Indian River County of providing bulk wastewater transmission, treatment, and
disposal service and to develop rates to recover those costs from potential bulk
wastewater system users. This letter report presents the results of this evaluation.
The recommended rates are directly applicable to the County's contemplated service
to the City of Sebastian.
Background
Indian River County (the County) currently provides wastewater service on a retail
basis to customers in various locations in Indian River County, including a small
portion of the City of Sebastian (the City). The City is currently considering
purchasing a privately owned wastewater utility that serves the remainder of the City.
In anticipation of this acquisition, the City has requested that the County convey to
the City the right to provide retail wastewater service to customers located within the
City limits which are currently served by the County. At least initially, the County
would continue to provide bulk wastewater transmission, treatment, and disposal ser-
vices to this service area. However, the County would relinquish responsibility for
operation and maintenance of the collection system, and retail customer billing and
collection services to the City. Master meters would be installed at the City's expense
to measure the total wastewater flows from the City to the County's system.
CH2M HILL Southeast Florida Office Hillsboro Executive Center North, 800 Fairway Drive, Suite 350 305.426.4008
Deerfield Beach, Florida 33449 407737.6665
%ZYW1&tT Z%,'
Mr. Terry Pinto
Page 2
December 19, 1991
SEF30360.G0
Report Organization
The remainder of this letter report presents the underlying assumptions, the analysis,
and the recommended bulk wastewater rates to be paid by the City of Sebastian and
other customers requesting similar service. The study findings and recommendations
are presented along with an overview of the methodology used. Detailed rate calcu-
lations are included in the appendix.
Study Assumptions
The following assumptions were used in calculating bulk wastewater rates:
• All wastewater rates are charged on a uniform systemwide basis for
similar classes of service, i.e., all users are assessed the same rates for
the same type of service.
• Bulk users will be charged rates designed to recover their proportionate
share of the County's wastewater system costs including transmission,
treatment, disposal, and their share of the customer and billing costs for
the master meter bill for bulk wastewater service.
• The County will continue to own, operate, and maintain force mains
running through and serving Sebastian.
• Sebastian will purchase and install approximately five master meters to
measure its flow and then donate these __rneters-to-or reimburs
County for the cost of installation. S %,,-4 #—
Co . sys +4.-, wrh.�ti S.k•s�+:.
• The County will be responsible for operating, maintaining, and reading
the master meters; the City will reimburse the County for these costs.
• Bulk customers will be responsible for meter and service maintenance,
meter reading, customer billing and collection, and any line maintenance
between force mains and service mains for retail customers in their
service area.
• Bulk users will pay a billing charge, a base facility charge per equivalent
residential unit (ERU), and a volume charge per 1,000 gallons of
wastewater flow. The rates charged to bulk users per account, per
Mr. Terry Pinto
Page 3
December 19, 1991
SEF30360.G0
ERU, or per 1,000 gallons will be adjusted, as needed, to reflect the
bulk users' cost of service.
• The volume rate per 1,000 gallons of wastewater flow will be based on
100 percent of metered wastewater flow, with no maximum. This
differs from retail rates which are based on 85 percent of the customers'
metered water consumption, -with a 10,000 gallon cap for residential
users.
• The bulk users will continue to use the County's ERU system.
Analysis
The bulk rates recommended in this report are based on the retail wastewater rates
presented in CH2M HIL -L's, September 1991 Independent Evaluation and Update of
the Indian River County Water and Wastewater Fee and Rate Study and associated
cost -of -service analyses. The retail wastewater rates presented in the September
report were modified as needed because bulk users provide their own wastewater
collection services and billing and collection services for retail customers in their
service area. A detailed line item review of the County's operating budget was
performed by County and CH2M HILL staff to identify those costs incurred to
provide collection services; transmission, treatment or disposal services; and
administrative services. Administrative costs were then redistributed between
collection and transmission, treatment, and disposal services in proportion to the
distribution of the directly allocated costs. System capital costs (debt service, debt
service reserve, and renewal and replacement costs) were similarly allocated between
collection and transmission, treatment, and disposal processes. For bulk rate
calculations, the identified collection system costs were deducted from the system
costs, and base facility and volume rates were developed from the residual
transmission, treatment, and disposal costs.
Two exceptions should be noted:
1. All construction fund costs, over and above those costs for renewal and
replacement, were deducted from the system costs for the bulk rate
calculations. The rationale for this procedure is the County's expectation that
expenditures from this fund would be allocated for retail service improvements
or for future growth, not for bulk users.
Mr. Terry Pinto
Page 4
December 19, 1991
SEF30360.G0
2. All of the debt service on the Gifford FHA bonds and associated debt service
reserve were, with staff acknowledgement, included in the bulk rate
calculations. The inclusion of this debt in the bulk rate calculations was based
on the low interest rate, long-term financing that the County was able to obtain
through the Farmers Home Administration on the treatment plant and other
improvements. Thus, because of the overall benefits to the system of this
financing, which was only available due to the inclusion of the collection
improvements, the portion of the debt service on the Gifford Bonds that was
collection related was included in the bulk rate calculations.
Proposed Bulk Rates
The proposed bulk wastewater rates are shown in Table 1. The proposed bulk rates
follow the same structure as the retail rates, with a billing charge, base facility charge,
and a volume rate. The rates assessed per equivalent residential unit and per
1,000 gallons of wastewater flow have been adjusted to reflect the cost of providing
bulk wastewater service. The calculation of each rate component is discussed below.
Billing Charge
When Sebastian converts to bulk user status, as opposed to remaining individual retail
users, the County will have to send only one bill per meter to Sebastian. Because the
difference in the number of accounts on the County's system is small, no change in
the billing charge is calculated. Thus, bulk users will pay the same billing charge as
the retail customers, $2.00 per account per month.
Base Facility Charge
The base facility charge, where master plan lines are available, is designed to recover
a large proportion of the system's fixed costs which generally exhibit little change in
response to a change in wastewater flows. The base facility charge includes a
portion of the system operation and maintenance costs, all debt service costs, debt
service reserve costs, renewal and replacement costs, and construction fund costs. For
the bulk rate calculations, the portion of the fixed operating costs related to the
collection system, collection -related debt service, debt service reserve, renewal and
replacement, and all construction fund costs were cted from the fixed costs.
The base facility phargeJor bulk users would be C10.83 er ERU per month in
comparison wit $12.25 er ERU per month for 'retai customers.
X0.83 = 88`/0
Mr. Terry Pinto
Page 5
December 19, 1991
SEF30360.G0
Volume Rate
The volume rates are designed to recover a portion of the system's fixed costs and all
of the system's variable costs, or costs that vary with the volume of wastewater
collected and treated. All of the system's variable costs are operation and
maintenance costs. The portion of the variable operating costs that were determined
to be collection related were deducted from the total variable operating costs for the
bulk rate volume charge calculation. As a result, the volume rate for bulk users
declines to $3.20 per 1,000 gallons, from $3.35 per 1,000 gallons for retail customers.
It should be noted that the volume rate for bulk users applies to the total volume of
wastewater metered through the customers' master meters, with no maximum volume
or cap. Retail rates, however, are based on 85 percent of the users' water
consumption with a 10,000 -gallon per month maximum for residential customers.
Retail customers are subject to an excess use surcharge when wastewater flow exceeds
11,000 gallons per ERU per month. Because of the blending effect of a master
meter, excess use by some individual customers of a bulk user is offset by the lower
use of other customers. Therefore, for bulk customers the excess use surcharge
should apply at a use rate greater than the level corresponding to the reserved
capacity, based on the number of ERUs in the system and the flow per ERU. An
excess use surcharge, equal to of the excess volume surcharge charged to retail
customers, would be charged only on flows exceeding the reserved capacity in any
given month. All provisions of the County's rate ordinance relating to purchasing of
additional ERUs should apply.
Recommendations
CH2M HILL recommends that the County:
• Enact the proposed FY 1991-92 bulk wastewater rates. The County
should offer to provide this service at the proposed rates to the City of
Sebastian or to any other bulk user. Contracts for bulk wastewater
service should include provisions for annual updating of these rates.
• Contracts for bulk wastewater service should include provisions for the
assessment of an impact fee to the City by the County for transmission,
treatment and disposal capacity. The impact fees should follow the
same fee schedule as charged to retail customers by the County, as
Mr. Terry Pinto
Page 6
December 19, 1991
SEF30360.G0
these capital fees are designed to recover system transmission,
treatment, and disposal capacity, and do not include any collection
system costs.
• If the City eventually provides transmission, treatment, and disposal
services to the proposed service area, the County should reimburse the
City for impact fees collected from City retail customers, as the County
obtains other customers who wish to purchase the capacity previously
used by the City.
We appreciate this opportunity to again be of service to Indian River County. If you
have any questions regarding this analysis, please call me.
Sincerely,
M HILL
avid D. Green
Economist
set/dbt128/008.51
Table 1
Indian River County
Recommended Rates
Fiacal Years 1992 and 1993
Retail Sewer Rates
1992
1993
Billing Charge - per Account per Month
2A)
$2.00
Rase Facillty Charge Where Lines Am Available - per ERU per Month
512.25
513.50
Bate Fac UltyCharge Where Capacity is
$6.13
56.75
Reserver], But Linea Are Not Available - per ERU per Month
$S,42
$5.99
Volume Charge • per 1,000 gallons
$3.35
$3.35
Estimated Wastewater Flow
(as Percent of water use - 10,000
gallonalmornh maximum for
residential customers)
Excess Volume Staeharge - Greater than
11,000 gallons per month per ERU
Bulk Sewer Rates
$4.05
$4,45
Billing Chargo - per Account per Month
n•00
x"00
Base Facility Chargo Where Master Plan Lines Aro Available -
M ERU per Month
$10,83
$11.97
Base Facility Charge Where Capaolty is
$S,42
$5.99
Roeaved, But Lines Aro Not Available - per BRU per Month
Volume Chergo - pa 1,000 gallons
motcrcd wastewater flow $3.70 $3.19
1.;xms Volume Surcharge - Greater than
11,000 gallons per month per ERU (a) $405 $4'45
(s) Sutchergo for bulk user will apply w flow exceeding rota] sua lwrgo tarpu:ity
reserved by bulk user In all tnetars.
77tu N741 an�rr Nil f:70 7p-[i�-�i�
Appendix Table 1
Indian River County
Retail and Bulk Sewer Base Facility Charge Rate Calculation far 1992 and 1993
Rnlail X 93
Sewer Fixed Coals $3399.081 54277.448
Appendix Table I
Indian River County
Retail and Bulk Sewer Base Facility Charge Rate Calculation for 1992 and 1993
Retail 1992 1993
Sawor Fixed Costa
Number of ERUs
Billing Periods
Monthly Rate Per CRU
Sewer Fixed Com
I,esst Cullwtiun Reluu;4 Fixod 0&M Cums
Cess: COIICCdon Related Debt SCrVICe
I.att: Collection Related Debt ServiCe Reserve
Lest: Collection Related Renewal and Replacement
I= Consancdon Fund
Net Fixed Conn
Number of SKUs
Billing Periods
Monthly Rate Per ERU
$3,399.081 $4277A48
23,123
26.404
12
12
12
12
$12.25
$13,50
$10.83
$11.97
$3,399,081
$4,277,448
$210,875 5227,714
$0 $0
$0 $0
$16,567 $28,847
$165 944 5226,838
$3,005,695
53,79019
23,123
26,404
12
12
$10.83
$11.97
11f4 W7H,'1 PLAN W.j!r!711 176 -Qi -vii
Appendix Table 2
Indian River County
Retail and Bulk Sewer Volume Rate Cakulation for 1992 and 1991
Retail
Sewer Variable Costo
Wastewater Flows (1,000's Gallons)
Volume Rate Per'Ihousand Gallons
Sewer Venable Coats
Lean Coltecdon Related Variable O&M Cnad
Net Variable Coat
Wastewater Mws (1,000's Gallons)
Volume Rate Per7lhousand Gallons
1992 1993
$1,527,446 $1,563,633
455,954 467,353
$3.35 $3.35
51,527.446
$1.565.633
$1,459,886
S1,492,668
A51,954
467,353
53.10
S3.to
I I I U 14741 MA" I tjIIt, "1 7F-4f-b!l
Appendix Table 3b
Indian River County
Allocation of Sewer Operating Ezpenlas to Cullectlon/Pfent/AdinlnLttrativa Functions
1993
?steal
Cat AE9c4U90
-IT 1=A&wN
776x1 Wlcal
Con C9116doa Plmt Admmlaoulre
C.11WI02
Rim .ldmciW.aYV
Sdarica and Wye.
NaWalal Wluims
ri(%779
IOOa%
$206779
SO
W
Nazln KL Illoa
SI4,SL9
100.05E
$11.576
to
So
t)m wfl .
SI5.279
80.0% 20Z%
$14.623
$3.656
So
SUPCMM
$74.9N
lob% 90.0%
$7,194
567,661
m
1txh.al9
S21,609
ICOD%
45,609
50
5o
Vw Muck Opmaur
$459
100.0%
S4%
:0
m
Lill Uko S•,tpmvlba
523,633
10.0% 904%
$2.W
$21;"69
90
Othm LAbm
55551111
0.0% 100.0%
fd
S555111
�0
Sub19W Salatinl lad W1Sa
SM,371
$57,514
5647,487
S0
Pu x
100.0%
11.7%
15j%
0.0%
S6ant1
53701291
$43,364
5324927
C=rwta13m kms
Eablacc11a13W,
5171290
754% 73.0%
$32,100
$10.600
SO
Um AAdol4 Eapww.
:971697
100.046
So
So
5917,197
Otho 9r.Nuioml S,o1
$91,477
100.044
So
$01,472
30
P.sv.n41 A,,'.I a
111,9E
IWO%
>b
50
111.9'34
Other Cme. I Srca
111,600
IC0.0%
S4
S21,
59
Twl Con9acw iSvca
5273,103
$32,400
$130,172
SINXI
?�
100.0%
11.9%
47.94
40.2%
Opmiona Supplies
VWds Allowm=
$11,474
1W
•S0
$p
$12,474
All'rm2l
Sa,d6S
IW.0%
$0
So
MAO
T.d"m
$4,]20
100.0%
$0
SU
S4,72u
UIMf (Xlnmua"WA5R
SS,SW
100.0%
So
So
33AM
POw86
317,4d
100.0%
50
$0
415,96
Oui.p u:J SuUJ W.n.
314,010
11,944
512.174
$0
Rcut•3WMIQ5a
523.1195
100.0%
50
So
523,795
Rmb-Havy SN4=ea1
$540
100.0%
W
50
Wo
F9C P4ymmu
$641
100..0%
M
so
SNS
R.0-0*. HSWP-a
1540
100.0+1
119
W
{510
Anlomoay. Innamcw
$16.159
toxo%
N
So
$16,159
(1a 1i.UN11ty
5o
100.0%
So
to
110
ONc lunar
565,672
100.096
SO
So
563.632
MaIPI. R..M.P
SI.W
IW.O%
110
50
SLOSO
MAID. ORke E9ul0mmt
$15,254
1000%
$0
$0
$17,254
Mahn. Aummath. EquJp
523,760
{11,070
$11,710
to
Why, Iiwvy Equlptnwt
519,171
IW.O%
So
5o
$19,472
Malar 8uua Ezc1p1 Ewa
15,400
100.0%
$0
so
$5,400
Mains Od=Equip
$10,600
100.0%
s0
m
$1o,wa
OUuid. Prlathtl
$3,I00
100.04
$0
So
$9,100
Adv6rU.mLIE=p LCSJ
5666
ICO.u%
$0
So
064
L.IC Aon
ssM
IO0.t7%
W
$0
W4
P.Wa .a S.war
5317,930
'iwa0.
30
1317,930
$0
Llwnw..d Fm "4
544320
100.0%
N
34+320
LO
Ta.l Opcntioo48uppik.
1376,11%
5101914
514,131
5216,311
Pwasot
100.0%
2.4%
6al4b
3734
Apperd Teble 3b
Indian River County
Allocation of Sawer Operating Expenu3 to Col3ectionTlaut/Administr3tive Functions
1993
F..,r Caat.Ul0c+d0a
Travmwf9d 'R.e+ml�laa4
C.c Celb•uan %..0 Adm kYo-4tl•t Nn•nlea Pl.0
0d 9app11e4
Otlke supplies
$11232
'.00.0%
so
s0
C9mputw SUNM
371560
100.7%
s0
$0
Pur and L6bric=
ns xo
$4xs
x1235
Tin• VA TOM
$4,720
100.01
so
30
Ch=k&y
$71,320
100.0%
$0
p6Jw
Unlearns A Cloaung
37,164
IWu%
SO
30
vuamua=sappaes
31,944
100,016
s0
30
Eapndabk TWO
36,430
100.0%
30
30
Modal: 4ad Med. 01p is
3t,296
100.916
30
44
omaop:.
p1540
100.04
to
m
P•vtry ne.rd,1
$1.477
100.016
71177
in
I4nNcyhr6.61.2014$
91.147
IOU%
S3240
so
Tmflc Slpa/Si3a44
31596
100.0%
$1296
s0
Boolu/mRam s
$I,=
100.0%
w
s0
DL - Mtnbwsho
A700
100.0%
$0
$0
MAW Pea
36A35
IOOA%
s0
s0
G"MiaelS�40
100.0%
s0
SSW
ToW Oibw 2oppliet
3182,164
$10376
3LIU53
FW=
IN.01b
1;*
01.1%
pad DeD4'4ad UM Am.
39,720
1000M1
00
W
OPw4elaer 1Lklentaa and R"bl
I A SI4aoaa PJwrle
486%00
19244
973.106
sawgs Ttwt PWO PJw
$264.6W
1000%
so
864,600
1111 SUA"Mma
364,300
39,976
354,361
3.20 Mow MablL
$47,200
75.0%
25A%
532,400
3102W
Sawtge MOIR=
$101,493
1000%
s0
S101,493
r-- Rgwp mm
$1420
100.04
3o
$0
Mux Roptka
31,620
100.006
so
30
3awa6s 3id6 Ramav4
SkH,4
IWU%
J2
23700
r,'w Jpw. Mala A liemY+
3631,2.78
3:0,670
353754+
P."
100.0%
7.1%
91.7%
Omn Cbatt uiarvlrn
$1 A20
10004
s0
11.670
Mnc fld,er RgvlPmml
311Aw
1!x1016
30
SMM
Pual and Lub+iwu
32.700
100.0%
W
12.100
07ovs }ita:teos0:4
366,420
100.0%
so
366.420
Tao SOse
312420
60
662,620
peccant
IOU%
0.0%
100.0%
SUMTAL
52.r19,490
5276573
31517'167
vcram
100.0%
9.9%
90.5%
M1CmIFYtr4ln Aaoc•LLa3
$77yd6a
'D42,809
Subvul Saar
$1.3./9%90
$7747x1
32.607113
Owrt4 Cwa- 34ww paa9n
$277.967
326,677
S251A90
(R3dud44 C� Cnu)
rain sews and Oeser4
13,157,452
3300,709
32114743
^RIIt 1,171h
nrn•+f 827rI r•+p n FP
Appendix Table 4b
Indian River County
Summary of Allocation of Sewer Operating Expenses to Collection/Plant/General Functions
1993
Cost Allocation
Transmission/
Collection Plant Adminisndvo Total
Salaries and Wages
S85.884
$647,487
$0
$733371
Renefits
S43,364
S326.927
SO
$370291
Contractual Services
532,400
$130.872
5109.831
$273,103
Operadnns Supplies
$13,916
5346.134
5216.352
S576,402
Other Supplim
$10,37R
5116,055
556.331
5182,764
Rad Debt & Land Use Amortization
$0
so
$9,720
S9,720
Operations Maintenance and Repairs
Wk30
5597;318
53,240
5651218
Other Contractual Services
so
S1.620
SO
51,620
Other Services and Equipment
SO
$11,880
5o
S11,880
Fuel and Lobroants
so
$2,700
$0
52,700
Grove Maintenaneo
$0
$66,420
$0
$66,420
Goncral Costa
$o
SO2$
77,96327$
7,963
Total
$236,573
S2,247,443
$673,436
$3,157,452
Dircet Parcont
9.5%
90.5%
100.0%
Administrative Allocation
Salaries and Wages
$0
so
$0
Bonofita
$0
So
$0
Contracural Services
5101400
$99,371
$109,831
Op=tio"supplios
$20,605
$195,747
$216,352
Other Supplies
$5,365
$50,966
$56,331
Bad Debt R Land Use Amortization
5926
53,794
$9,720
Operadons Maintenance and Repair$
5309
$2,931
$3,240
Other Contractual Services
$0
$0
$0
Other Services and Equipment
so
50
$0
Fuel and Lubricants
so
50
5o
Grove Maintenance
$o
SO
So
General Costs
$26,413
$251,490
$277,963
Revised Allocation
Salaries and Wages
$85,884
$647,487
$733,371
Benefits
543,964
5326,927
$370,291
Contractual Services
$42,860
$230,243
5273,103
Operations Supplies
334,521
$541,881
$576,402
OtherSuppli:a
$15,743
$167,021
S182,764
Bad Debt & Land Use Amortization
$926
$8,794
$9,720
Operations Maintenance and Repairs
$50,939
$600.279
$651,218
Other Contrucuml Services
50
S1.620
$1,620
Other Services and Equipment
50
$ 11.880
S11380
Putl and Lubricants
so
$2.700
52.700
Grove Maintenance
so
S66,420
$66.420
Generai Costs2S
6.473
S251.490
7S2 7.963
Total
5300.709
$2.B56.743
S3,157,452
M,r II ,,'I FM .r a„- • - I" '. I'
Appendix Table Sb
Indian River County
ADowtlon of Conectlon and Plant 0peradng Coon to Fixed and variable Funettens
1993
art ft un nn 11, , "r. r.,_ , _,
Collection
TnnamiesinnMant
Fixed
Variable
mixed
Variably
Total
$aratsesand wages
$68,707
$17,177
5517,990
$129,497
$733.371
Denettu
$34,091
$8,073
7261,542
$65,385
$370,291
Contaomal sqr i a
542,860
$0
5230,243
90
$273,103
Opm1i6na Supplies
$0
$34,521
SD
$541,851
5576,401
Other Supplies
53.149
$12,594
$33.404
$113,617
S182,764
Rad Debt & Land Use Amor LcAdon
$926
f0
$9.794
SO
$9,720
Operations Maintenance and Repair
550,939
So
$600,279
So
$651218
Other CotlactualSetvicas
50
0
$1,620
SO
$1,620
Other 3etvlCeaand Equipment
50
So
$11,880
$0
$11.880
Fuel and Lubricants
30
$0
50
52.700
52.700
OtoveMaintenance
So
SO
566.420
50
S66,420
Ceneral Cate
$24,473
SO
$231,490
X0
S277.%3
Total
$227,744
572.965
$1.993,662
$573.051
$1,157.452
art ft un nn 11, , "r. r.,_ , _,
Appendix Table 6
Indian River County
Tktbt Service Allocation Between Collection and TransmiWm and Treatment
Debt Service Reserve $58,015 0.0% 50
Renewal and Replatxment $246,326 11.7% $28,847
Sewer
Excluded
Collection
Amount
parcentaaa
Allocation
Bond
1992
FHA Gifford
$545.000
0.0%
50
PHA Bent Pine
$34,100
0.09h
s0
1989 Series
$435.196
0.096
$0
1991 Series
$0
0.0%
SO
$1,014,746
$0
]kbt Smicc Rcecrvc
$58,015
010%
$0
Rcncwaland Pcplacement
$141,469
11,7%
$16,367
1993
PHAQlMfd
9545,750
0.0%
60
PHA Bcnt Pinc
$34,118
0.0%
$0
30
1989 Series
5435,056
0.0%
50
1991 Series353
6,057
0.09b
S 1,372,981
$0
Debt Service Reserve $58,015 0.0% 50
Renewal and Replatxment $246,326 11.7% $28,847
p,
Ate-. 3
12E , PLP\Ct.
�21-Oc-A L V -►'� L \ N Ge -,A \--=>-r
twee�N 1,1- C' . TW7 Ct?Y of SE.YCA3-1iAtj
or, a,.,d Ai4-v
Mt I, 1992 , A1"
co w v1 SA 4ve,i(4 L
P!.+-w,,�...H.,�-
,IIr c<.y��t,.<'�1,•:,f
w1-�r',. 4d �.. GoNIj/ 4,
�l c G 1
Impat/r��ry
tivl 1 4/ h 1 Li Y✓ 4A f -,
f%Y r 1M A til 1. 'I `^ Lf U Ip 1 c r T
oTu�2. t�6e=_t-M.j�,�,.ans/� — D�Y:,.� •ham-k,f,,.. o-� t�.�/,
A LIW F S e. ,Y,.v, el 1-.6 w 1 1 L
1-.
PAW PLAC '(1,•I,-. ICovtiL''ra9�es -{ti �-( CI I`(s
lvN p4 C TE e s v
v S AJ,vWM'�/-.•.�� S �+..1, 4 v� `I t -C S G w.�✓ GS 4-1 SLNt.Y Vr.dts
I J ,t+ 4s I� y.il',
.q hs 11 j hu�- ^i6L cjAA 4-, �✓1
C U.:G11"�
WASTEWATER REVENUE ACCORDING TO BULK RATE
June 17, 1993
The following is based on the December 19, 1991 "Bulk Wastewater
Rate Letter Report" prepared by CH2M Hill for County Utilities
Director Terry Pinto:
A. BASE FACILITY CHARGE (Page 4 of the Report)
The December 19, 1991 letter states as follows: "The Base
Facility Charge for bulk users would be $10.83 per ERU per
month in comparison with $12.25 per ERU per month for retail
customers".
1. I have no idea where the $12.25 originated from. It is
not in the County's rate schedule for 1991, 1992, or 1993
2. $12.25/$13.50 (BFC for 1993) = 90% not 85%
3. $10.83 per ERU/$12.25 per ERU - 88% not 85% or 90%. It
does not appear that the County will bill the City 85% of
the Base Facility Charge but rather 88% or 90% based on
the Report.
B. VOLUME CHARGE (Page 5 of the Report)
The December 19, 1991 letter states: "As a result, the volume
rate for bulk users declines to $3.20 per 1,000 gallons from
$3.35 per $1,000 gallons for retail customers."
$3.20/$3.35 = 95% not 85% to be refunded to the County
$3.35 is the rate in the 1993 ordinance for which sewer usage
charged per 1,000 gallons up to 11,000 gallons.
It appears that the County will bill the City 95% for the
volume usage not 85% as understood.
Prepared by:
/�a�tlf P
Richard B. Votapka, P.E.
Utilities Director
City of Sebastian
POST OFFICE BOX 780127 o SEBASTIAN, FLORIDA 32978
TELEPHONE (407) 589-5330
FAX 407-589-5570
October 4, 1993
Mr. Terry Pinto
Director of Utilities
Indian River County
1840 25th Street
Vero Beach, FL 32961
Re: Interlocal Utilities Agreement Between Indian River
County, Florida and City of Sebastian, Florida Regarding
Class II Customers
Dear Mr. Pinto:
As of May 1, 1993, Indian River County transferred the water
and sewer, lift station, and wastewater reserve capacity (ERU)
accounts within the legal boundaries of the City of Sebastian to
the City under the terms of the referenced April 21, 1992
Interlocal Utilities Agreement. Several of the capacity reserve
(Class II Customer) accounts were delinquent at the time of the
transfer. The City attempted to collect the delinquent fees but
had little success. Indian River County, however, charged the City
for all of the transferred delinquent accounts. The County's
invoices dated July 2, 1993, July 22, 1993, August 10, 1993 and
September 12, 1993, include these charges.
Section 12, "Delinquent Fees, Charges, and Assessments", of
the April 21, 1992 Interlocal Agreement states that "With respect
to customers who have previously purchased capacity from the County
but have not yet connected (Class II customers), the City is not
required to guarantee or make payment of County impact fees, base
facility charges or assessments in lieu of impact fees due but not
yet paid by the customer.
Therefore, it is the responsibility of the County to take any
action it deems necessary against the Class II delinquent accounts
to recover any delinquent fees accrued, not the City. It is also
not a requirement that the City make payment to the County for the
base facility charges. Therefore, the City expects to be refunded
$18,596.12 which includes penalties and interest accrued for the
Page 2 of 2
October 4, 1993 Letter to Terry Pinto
above invoices, since the County is not entitled to charge the City
for delinquent accounts.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
CC: Kay O'Halloran, Acting City Manager
Marilyn Swichkow, Finance Director
James Chandler, County Administrator
DELINQUENT CLASS II CUSTOMERS AS OF APRIL 27, 1993
IRC NO. CITY NO. CUSTOMER AMT DUE NO. OF Ef Ui S
IRC
1
103183
2010
STRNAD
$977.87
4
2
103183
2020
STRNAD
$4,185.25
18
3
126293
2050
COLLIER PLACE
$47,798.26
158
4
103233
2060
JULIAN
$13,266.67
80
5
103593
2110
WITHERBY
$290.64
1
6
103773
2370
SEMBLER
$1,954.19
26
7
103803
2390
SEMBLER
$169.73
2
8
103773
2400
SEMBLER
$318.43
4
9
104213
2450
SEB. DEVELOPMENT
$6,377.81
30
10
104303
2520
WALTERMIRE
$328.20
1
11
104303
2530
WALTERMIRE
$328.20
1
12
104543
2670
PHILIPSON
$1,669.20
8
13
104643
2760
CORSORO
$3,345.50
18
14
104663
2770
NIXON
$3,527.66
13
15
104673
2790
SEB. PARADISE
$5,606.18
20
$90,143.79 384
MONTHLY COUNTY BILLS @ $11.97 PER ERU $4,596.48
0
Billing Period 05/01-06/01/93
Base Facility
Overcharge
$
4,596.48
Billing Period
06/01-07/01/93
Base Facility
Overcharge
$
4,596.48
Interest Overcharge
$
68.95
Subtotal
$
9,261.91
Billing Period
07/01-08/01/93
Base Facility
Overcharge
$
4,596.48
Interest Overcharge
$
138.93
Subtotal
$13,997.32
Billing Period
08/01-09/01/93
Base Facility Overcharge $ 4,596.48
Interest and Penalty Overcharge 2.72
TOTAL OVERCHARGED $18,596.52
COuitt
11 /U/U:I.J(u..lmul l N.........) Vk
INTERLOCAL UTILITIES AGREEMENT
BETWEEN
INDIAN RIVER COUNTY, FLORIDA
AND THE
CITY OF SEBASTIANFLORIDA
for the extension ot e County a aervice
territory within Sebastian City limits
THIS AGREEMENT, made this 7 day of &ge em�, 1993, by
and between
INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, the address of which is 1840 25th
Street, Vero Beach, FL 32960 ("COUNTY")
and the
CITY OF SEBASTIAN, a municipal corporation organized
and existing under the laws of the Slate of Florida, the
address of which Is 1225 Main Street, Sebastian, FL
32958 ("CITY"), and Its successors or assigns,
WITNESSETH:
WHEREAS, the COUNTY operates a utility system generally throughout
the unincorporated area of Indian River County surrounding the CITY; and
WHEREAS, the CITY is just now creating a comprehensive utility system
within the City limits and is not able to service certain portions of the city
with utility service; and
WHEREAS, the property shown on Exhibit "A" adjoins the County/City
boundary and could be served at this time by the COUNTY's utility system;
and
WHEREAS, the COUNTY can serve this property not only immediately
but more cost effectively, since there will be a smaller capital expense than
the CITY would have; and
WHEREAS, the COUNTY has agreed to service this property provided
that the property is transferred to the COUNTY's service area permanently;
NOW, THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the receipt of which is hereby
acknowledged, COUNTY and CITY mutually agree as follows:
1. The foregoing recitals are true.
2. The property ("Property") with the legal description shown on Exhibit
"A" shall be considered to be part of the COUNTY's permanent utility
service area for water and sewer service, for all Intents and purposes
as If the Property were in the unincorporated area of the County.
3. COUNTY shall serve the Properly as if it were a customer in the
unincorporated area of the County, i.e., there shall be no
discrimination in rales or quality or type of service based on the fact
that the Property is in the City.
-1-
4. CITY acknowledges that tills transfer of service area responsibility is
permanent and that the CITY shall have no right in the future to
demand that the COUNTY cease providing utility service to tills
property.
5. CITY shall not in any manner assert any rights or undertake any
responsibilities concerning COUNTY's rate setting, impact fees,
assessment fees, service fees, service standards, or franchise fees on
line Property.
6. This agreement may be recorded In the public records of public records
of Indian River County.
IN WITNESS WHEREOF tine parties to this agreement have set their
hands and seals on the day and year first above written.
INDIAN RIVER COUNTY, FLORIDA
BOARD OF OUNTY COMMISSIONERS
zal• t f a
cr B
`• �,.�.:��•.... •._:......._.: _ Ricberd N. Bird
Jeffre.JJyy K. Bayto�n1, Clerk �tnr�nllCgprova�-Dale
S'L'ATE OF FLORIDA
COUNTY OF INDIAN RIVER
Clept
SWORN TO and subscribed before me this ay o ,
1993, by Richard N. Bird and Jeffrey K. Bart , as Chairman and erk of
the Board of County Commissioners respectively. They are personally known
to n►e and signed the foregoing on behalf of said Board.
t
Attest:
`�c
City Clerk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
NOTARY PUBLIC:
:ommialtieo.:Y�.st
' Notaty Public. State of Florida
Conunission No. CC :96916
illy CmnnsiAur. Expire< 31.197
By
v
G TS1
SWORN TO and ubscribed before me this /,?d day of ey G ,
1993, by and Kathryn O'Halloran, as Mayor nd City Clerk
of the City of Sebastian, Florida, respectively. They are personally known
to ilia and signed the foregoing on behalf of said Board.
NOTARY PUBLIC:
By
prin name:
Coml ission i
[o aosrarsC
L s OfJWJ tEMWWO
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SECTION 30 OF FLEMING GRANT
ANC SECTION 21 OF FLEMING GRANT
NOTE: THIS IS A SEETCH ONLY,
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LEGAL DESCRIPTION
(BY SURVEYOR)
ALL THAT CERTAIN PIECE PARCEL OR TRACT OF LAND SITUATE
LYING AND BEING PARTIALLY IN SECTION 21 AND PARTIALLY IN
SECTION 30 OF THE FLEMING GRANT, SAID PIECE PARCEL OR TRACT OF
LAND LYING ADJACENT TO U.S. HIGHWAY NO. I (PARTIALLY EAST AND
WEST THEREOF) AND EAST OF THE FLORIDA EAST COAST RAILROAD
AND 813NC A PORTION OF LOTS 19. 20. 21, 22 23. 24. 25, 26. 27 AND
ALL OF BLOCKS 53, 56, 57, 60, 61 AND 64, TOGETHER WITH A PORTION OF
BLOCKS 54. 55. 58. 59 AND 52 OF THE PLAT OF WAUREGAN ON FLEMING
GRANT, AS RECORDED IN THE PUBLIC RECORDS OF BREVARO COUNTY
IN PLATSOOK VOLUME 1. AT PAGE 75. SAID LAND NOW LYING IN THE
CITY OF SEBASTIAN. INDIAN RIVER COUNTY, FLORIDA. AND BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS. TO
WIT:
BEGINNING AT A POINT, SAID PONT BEING THE INTERSECTION OF THE
NORTHERLY UNE OF LOT 21 OF SAID PLAT OF WAURECAN AND THE
WESTERLY RIGHT—OF—WAY LINE OF U.S. HIGHWAY NO. 1 (120' RIGHT—OF—
WAY):
THENCE PASSING THROWN THE RIGHT OF WAY OF U.S. HIGHWAY NO.
I. BEARING NORTH FORTY—FIVE DEGREES TWENTY—SIX MINUTES ZOO—
TWO SECONDS EAST (N48Z6'02'E) ALONG THE NORTHERLY UNE OF
SAID LOT 21 A DISTANCE OF ONE HUNDRED TWENTY—ONE AND
TWENTY—SIX HUNDREDTHS FEET (121.26') TO A POINT ON CURVE OF
THE EASTERLY RIGHT—OF—WAY LINE OF SAID U.S. HIGHWAY NO. 1:
THENCE ALONG SAID EASTERLY RIGHT—OF—WAY UNE OF US
HIGHWAY NO. 1. BY A CURVE TO THE RIGHT, SAID CURVE HAVING A
RADIUS OF ELEVEN THOUSAND FOUR HUNORED FIFTY—NINE AND
TWENTY HUNDREDTHS FEET (11,459.20'). AN ARC DISTANCE OF SIX
HUNDRED THIRTY—NINE AND EIGHTY HUNDREDTHS FEET (639.80'), A
CHORD BEARING OF NORTH THIRTY—FOUR DECREES THIRTY—FOUR
MINUTES ZERO—FOUR SECONDS WEST (N3.V34'04'W), A CHORD
DISTANCE OF SIX HUNDRED THIRTY—NINE AND SEVENTY—TWT
HUNDREDTHS FEET (839.721 TO THE NORTHERLY UNE OF SAID LOT 19.
THENCE LEAVING SAID EASTERLY RIGHT OF WAY UNE OF U.S.
HIGHWAY NO. 1, BEARING NORTH FORTY—FIVE DECREES TWENTY—SIX
MINUTES MO—TWO SECONDS EAST (N43R6'02'E) ALONG SAID
NORTHERLY UNE OF LOT 19, A DISTANCE OF THIRTY AND SEVENTY—
FOUR HUNDREDTHS FEET (30.74') TO A POINT. SAID POINT BEING THE
INTERSECTION OF THE NORTHERLY UNE OF SAID LOT 19 AND THE
NORTHEAST FLEMING GRANT UNE
THENCE SEARING SOUTH FORTY—THREE DECREES THIRTY—SIX
MINUTES FIFTY—EIGHT SECONDS EAST (54376'58'E) ALONG SAID
NORTHEAST FLEMING GRANT UNE A DISTANCE OF NINE HUNDRED
FORTY—FIVE AND ZERO HUNDREDTHS FEET (945.00') TO A POINT, SAID
POINT BEING THE EASTERNMOST CORNER OF SAID LOT Zi OF THE PLAT
OF WAUREGAN ON FLEMING GRANT:
THENCE LEAVING SAID NORTHEAST FLEMING GRANT UNE BEARING
SOUTH FORTY—FIVE DEGREES TWENTY—SIX MINUTES ZERO—TWO
SECONDS WEST (S45Z6'02'WI ALONG THE SOUTHERLY LINE OF SAID
LOT 21 A DISTANCE OF TWO HUNDRED NINETY—ONE AND FORTY—SIX
HUNDREDTHS FEET (291.48') TO THE WESTERLY RIGHT OF WAY UNE OF
SAID U.S. HIGHWAY NO. 1:
THENCE LEAVING SAID SOUTHERLY UNE OF LOT 21 BEARING SOUTH
THIRTY—SIX DEGREES THIRTY—NINE MINUTES THIRTY—SEVEN SECONDS
EAST (53679'37'E) ALONG SAID WESTERLY RIGHT OF WAY UNE OF U.S.
HIGHWAY NO. 1. A DISTANCE OF ONE THOUSAND NINE HUNDRED
EIGHT AND FOURTEEN HUNDREDTHS FEET (1,908.14') TO A POINT. SATO
POINT BEING THE INTERSECTION OF THE SOUTHERLY UNE OF SAID
LOT 27 OF THE PLAT OF WAURECAN ON FLEMING GRANT AND SAID
WESTERLY RIGHT OF WAY UNE OF U.S. HIGHWAY NO. 1:
THENCE LEAVING SAID 'NESTERLY RIGHT OF WAY UNE OF U.S.
HIGHWAY NO. I. BEARING SOUTH FORTY—FIVE DECREES TWENTY—SIX
MINUTES ZERO—TWO SECONDS WEST (54526'O2'W) ALONG THE
SOUTHERLY UNE OF SAID LOT 27 AND ALONG THE WESTERLY
EXTENSION OF SAID SOUTHERLY UNE OF LOT 27 A DISTANCE OF SIX
HUNDRED EIGHTY—FIVE AND NINETY—TWO HUMOREDT14S FEET (685.92')
TO A POINT ON THE EASTERLY UNE OF LANDS OF THE FLORIDA EAST
COAST RAILROAD:
THENCE ALONG SAID EASTERLY UNE OF LANDS OF THE FLORIDA
EAST COAST RAILROAD BEARING NORTH FIFTY—THREE DECREES
THIRTY—ONE MINUTES THIRTY—EIGHT SECONDS WEST (N5371'38 -W) A
DISTANCE OF TWO THOUSAND ONE HUNDRED NINETY—ONE AND
SEVENTY—FIVE HUNDREDTHS FEET (2.191.75') TO A. POINT ON THE
NORTHERLY UNE OF BLOCK 54 OF SAID PUT OF WAUREGAN ON
FLEMING GRANT:
THENCE LEAVING SAID EASTERLY UNE OF LANDS OF THE FLORIDA
EAST COAST RAILROAD. BEARING NORTH FORTY—FIVE DECREES
TWENTY—SIX MINUTES ZERO—TWO SECONDS EAST (N45Z6'02'E) ALONG
SAID NORTHERLY UNE OF BLOCK 54 AND BLOCK 53 OF SAID PLAT OF
WAUREGAN ON FLEMING GRANT A DISTANCE OF SIX—HUNORED SIXTY—
TWO AND FOURTEEN HUNDREDTHS FEET (682.14') TO THE
NORTHERNMOST CORNER OF SAID BLOCK 53:
THENCE PASSING THROUGH THE RIGHT OF WAY OF 'WAURECAN
AVENUE BEARING NORTH EIGHTEEN DECREES FIFTY—TWO MINUTES
ZERO—EIGHT SECONDS EAST (NI875T08"E) A DISTANCE OF EIGHTY—NINE
AND FORTY—FOUR HUNDREDTHS FEET (89.44') TO THE WESTERNMOST
CORNER OF SAID LOT 21 OF THE PLAT OF WAURECAN ON FLEMING
GRANT AT THE EASTERLY RIGHT—OF—WAY UNE OF WAUREGAN
AVENUE
THENCE LEAVING SAID EASTERLY RIGHT—OF—WAY UNE OF
WAUREGAN AVENUE BEARING NORTH FORTY—FIVE DEGREES TWENTY—
SIX MINUTES ZERO—TWO SECONDS EAST (N45ZG'02'E) ALONG THE
NORTHERLY UNE OF SAID LOT 21 A OISTANCE OF FIVE HUNDRED
NINETY—ONE AND FIFTY—THREE HUNDREDTHS FEET (591.53') TO THE
POINT AND PLACE OF 3EGINNING.
THE ABOVE DESCRIBED PREMISES CONTAIN AN AREA OF TWO MILLION
THREE HUNDRED FORTY—THREE THOUSAND EIGHT HUNDRED
SEVENTY—FOUR AND SIXTY—TWO ,HUNOREDTHS (2.343.874.62) SQUARE
FEET OR FIFTY—THREE AND EIGHTY—ONE HUNDREDTHS (53.81) ACRES
SECTION 30 OF FLEMING GRANT
AND SECTION 21 OF FLEMING GRANT
LEGEND
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----- RICHT—OF—WAY UNE
— — — — — — — — UNOPENED STREET
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p - ANGLE OF INTERSECTION
R - RADIUS
T . TANGENT
L - ARC LENGTH
CB - CHORD BEARING
LC - CHORD LENGTH
P.O.S. - POINT OF BEGINNING
U.S. -UNITED STATES
Na - NUMBER
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RLS - REGISTERED LAND SURVEYOR
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V4 S..e4 PL 32960
P1sac 107-662—L222
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2 of 2
City of Sebastian
1225 MAIN STREET o SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 n FAX (407) 589-5570
May 19, 1994
Mr. James Chandler, County Administrator
Indian River County
1840 25th Street
Vero Beach, FL 32960
RE: Collection and Remittance of the City of Sebastian 10%
Public Service Tax Within Indian River County's Expanded
Service Territory Inside the Sebastian City Limits
Dear Mr. Chandler:
The December 7, 1993, Interlocal Utilities Agreement between
Indian River County and the City of Sebastian provided for the
extension of the County's service territory within the northeastern
territorial Sebastian City limits. This specific agreement allows
the County to provide water and sewer service to the new Wal-Mart
store as well as two properties to the north of Wal-Mart and
several properties situated at the southeast corner of the Wal-Mart
property.
Recently, through the Sebastian Utilities Department review of
a major change of the preliminary plat for Vicker's Grove
Subdivision, it was learned that the County is already providing
water service to the existing industrial businesses on the east
side of Industrial Park Drive, north of Vicker's Road. Although
the City does not find the legal instrument to grant permission to
the County to service this area, it nevertheless takes the position
that the County should continue to provide service until the City
is able to expand its utilities in this area.
Florida Statutes $166.231 grants municipalities the right to
levy a utility tax. The City of Sebastian has exercised that right
in a 1980 ordinance which has been codified in Section 94, Article
II Public Service Tax of the Code of Ordinances. A copy of this
section is attached. This section requires that the seller of
water service within the City collect the tax from the purchaser
and remit the tax to the City, regardless of who the provider is.
Page 2 of 2
May 19, 1994 Letter to James Chandler
The City's Utilities System Revenue Bond Covenants dated
December 1, 1993, states that the City should not have any
preferential treatment for users of the same class, and that the
City shall vigorously enforce all of the provisions of any
ordinance or resolution having to do with sewer and water
connections and charges.
Therefore, to keep in accordance with the Bond Covenants, the
City requires that Indian River County collect and remit the 10%
public service (utility) tax to the City for those customers within
the Sebastian City limits in Vicker's Grove Industrial Subdivision,
and in the future within the expanded service territory surrounding
Wal-Mart, as previously described.
Sincerely,
Richard B. Votapka, P.E.
Utilities Director
RBV/nsv
Enclosure
CC: City Manager Joel Koford
Chris Moore, Assistant Finance Director
TAXATION § 94-28
ARTICLE L IN GENERAL
Secs. 941-9425. Reserved.
ARTICLE IL PUBLIC SERVICE TAX*
Sec. 9426. Levy.
There is hereby levied by the city within the corporate limits of the city, on each and every
sale within the city of electricity, metered or bottled gas (natural, liquefied petroleum gas or
manufactured), water service and local telephone and telegraph services, a tax of ten percent
of the charge made by the seller thereof; which tax, in every case, shall be paid by the
purchaser, for the use of the city to the seller of such electricity, metered or bottled gas
(natural, liquefied petroleum gas or manufactured), water service or local telephone and tele-
graph services at the time of paying the charge therefor.
(Code 1980, § 25-16)
Sec. 9427. Exemptions.
(a) The United States of America, the State of Florida, and the political subdivisions and
agencies, boards, commi ions and authorities thereof, are hereby exempted from payment of
the tax levied by this article.
(b) Any recognized church is exempt from the tax levied by this article.
(Code 1980, § 25-17)
Sec. 9428. Collection by seller, monthly reports; delinquency.
(a) It shall be the duty of every seller of electricity, metered or bottled gas (natural,
liquefied petroleum gas or manufactured), water service or local telephone and telegraph
services to collect from the purchaser for the use of the city the tax levied by this article, at the
time of collecting the selling price charged for each transaction, and to report and pay over on
or before the 20th day of each calendar month unto the city clerk, all such taxes levied and
collected during the preceding calendar month. It shall be unlawful for any seller to collect the
price of any sale of electricity, metered or bottled gas (natural, liquefied petroleum gas or
manufactured), water service or local telephone and telegraph services, without at the same
time collecting the tax levied by this article in respect to such sale, unless the seller shall elect
to assume and pay such tax without collecting the tax from the purchaser.
(b) Any consumer failing to pay the tax as such tax may lawfully be imposed by the city
shall be liable to the city for the amount of such tax and the city manager shall cause to be
brought all suits and actions and to make all proceedings in the name of the city as may be
necessary for the recovery of such tax. The city may in the nonpayment of the tax by the
*Cross reference—Utilities, ch. 102.
State law reference—Public service tax, F.S. § 166.231.
CD94:3