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Home My WebLink AboutR-87-06 , " . ~.! . - ~ -. fn If! -', . . RESOLUTION R-87-6 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, GRANTING TO INDIAN RIVER COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS, A WATER AND SEWER FRANCHISE IN THE INCORPORATED LIMITS OF SEBASTIAN, FLORIDA I CONTAINING PROVISIONS AND CONDITIONS RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Sebastian, Florida, actinq for and on behalf of the City of Sebastian, Florida (the "City"), as follows, 1. Grant of Franchise. The City hereby qrants to Indian River County, Florida (the .County"), the exclusive riqht and privileqe of maintaininq, operatinq and expandinq a sanitary sewage collection, transmission, treatment and disposal system (such system to 'include collection lines, pumpinq stations, lift stations, force mains, manholes, sewage treatment plant and other appurtenances necessary and appropriate thereto), and a water distribution system (such system to include water lines, wells, pipes, pumps, treatment facilities and other appurtenances , nece~sary and appropriate theretoJ for the purposes of providing adequate and sanitary sewage collection and disposal services, and for the supplyinq of water, for sale within the the territories hereinafter defined (the "Franchise"I, all such territories beinq within the incorporated limits of the City. 2. Territory. The qeoqraphic area to which this Franchise shal~be applicable is the entire area within the incorporated limits of the City, excludinq the areas in which the City has previously granted franchises to furnish water or sewer services to the extent theriAof, (the "Franchise Terri tory'.) . Should any such prior franchise expire, revert, be forfeited, cancelled or otherwise come under the control of the City, the territory covered by that franchise shall automatically become a part of the Franchise Territory. Any territory subsequently annexed by the City shall be added automatically to the Franchise Terri tory. '3. No Comoetinq Franchise. To the full extent permitted by law, the City shall not allow, qrant or authorize the- ~ ! -- ~ " .. ' . . ., allowance or the granting of a competing franchise to furnish water or sewer services to or within the Franchise Territory. 4. Service Standards. The County shall institute water and/or sewer services to the Franchise Territory, or any part thereof, when, in the sole opinion of the County, it is econom- ically feasible to do so. At the time the County agrees to provide water and/or sewer servtces to the Franchise Territory, or any part thereof, it wi '.1 make Buch additions and improvements to its system as are necessary to provide adequate water and/or sewer services that area. Within the Franchise Territory, or any part thereof, where the County has agreed to provide water and/or sewer services, the following standards shall apply unless otherwise required by the County. (a) in the case of single family lot owner, the running of any lines from the owner's private plumbing to the closest point of connection, as designated by the County, shall be the responsibility of the owner; (b) in the case of any other structure, except as provided,in (cl below, including but not limited to, any multi-family dwelling, the running of any lines from the structure's private plumbing to the closest poInt of connection, as designated by the County, shall be the responsibility of the owner(s) of said structure, and (e) 1n the case of a developer, the running of any lines to the closest point of connection, as designated by the County, shall be the responsibility of the developer1 provided, however, that the County may, in its sole discretion, also require that the developer first make provisions for the installation of a complete sew~ge collection and water distribution system, including pump stations, force mains, and appurtenances necessary or appropriate to collect and convey the sewage from the development to the nearest sewage treatment plant, or the closest point of connection, as designated by the County. Said complete sewag~ collection and water distribution aystem shall be constructed in accordance with County standards and specifications and subject to the County's right of inspection and approval. Any developer the County requires to install a complete sewage collection and water distribution system shall have the option to have the County install said complete sewage collection and water distribution system and the developer shall pay the County for the cost thereof, including a reasonable fee for the County. The developer, before or at the time of connecting to the County's system, shall convey, assign and transfer to the County Aaid complete sewage collection and water distribution system as a capital contribution in aid of construction to the County. In no case shall this provision be construed so as to permit any extensions or hookups of any new sewage collection or water distribution infrastructure that - 2 - . . .< .... ~ . . is inconsistent with any then existinq comprehensive land use plan, zoning ordinance, resolution, rule, requlatlon or law of the County, of the City--or of the State of Florida. 5. License. To accomplish the proper performance of any water and/or sewer services, ~he County is granted the license, permit and privilege to construct, maintain, repair, operate and remove any and all necessary or appropriate lines, pipes, manholes, pump stations, lift stations and the like upon, along, over, under and across any City or public road, easement, street, hiqhway, ways, sidewalks, bridqes or other City or public places which are within, adjacent to or in the vicinity of the Franchise Territory. In so doinq however/ the County covenants that it shall take reasonable safeguards, shall cause as little disruption to the public as possible, shall attempt to prevent the creation of obstructions or conditions which might be dangerous to the pUblic, and shall promptly repair any damaqe or injury to such private, City or public property, restorinq same to a condition comparable to that which existed prior thereto. 6. Term. This Franchise is for an initial period of thirty (30) year~ ~rom the date of acceptance hereof, and is I subject to renewal upon agreement by the City and the County~ 7~ Procedure for Determininq Rates. All rates, charges and fees for water and sewer services shall be established solely by the County, provided that at all times rates, charges. and fees shall not exceed those charged by the County in the unincorporated areas of the County~ 8. .Miscellaneous. If any term, covenant, condition or . provision hereof, or the application thereof to any person, entity or circumstance shall, at any time or to any extent, be held invalid or unenforceable, the remainder of this Resolution, or the application of such term, covenant, condition or provision to persons, entities or circumstances other than those to which it was held to be invalid or unenforceable, shall not be affected thereby, and each term, covenant, condition or provision of this Resolution shall be valid and enforceable to the fullest extent permitted by law. Except as otherwise expressly provided herein, the County shall have the authority to promulgate such rules and - 3 - . . ":'. .' '- - < - . . . ., regulations covering the conduct of its business as shall be reasonably neoessary or appropriate to enable it to exercise its rights and perform its obligations hereunder. The City hereby declares that all resolutions or ordinances of the City in conflict with the provisions of this Resolution are hereby repealed to that extent. The City hereby covenants to assist and cooperate with the County in order to carry out the purpose and intent hereof. It is specifically agreed that this Resolution, when accepted by the ,County, shall be considered an agreement by and between the City and the County, and as such, a contractual instrument recognized under the statutes and common laws of the State of Florida. 9. Franchise Fee. Within the first two weeks of August of each year, the County, its successors or assigns, shall pay to the City, an amount of money which will equal Six Percent (6\) of the County's gross revenues from the sale of water and sewer service to all of its customers within the Franchise Territory. Each such franchise fee shall be for the twelve (12) month period ending on July 31st immediately preceding such payment date. The ~ounty may designate that portion of a customer's bill attributable to the franchise fee as a separate item on such bill. Any interest earned by the County on said fees shall be paid to the City. 10. Effective Date. This Resolution shall take effect immediately upon its adoption. CITY OF SEBASTIAN, FLORIDA I . ATTEST~-k::1' 11Jt ' )>1 .8.-o<A /A1<~ ty Clerk r1 (ClTY SEALI C By,' , /tc. Mavor - 4 - , . , , ~ .. j, .;' ; .~:.~. : 0, w ' . . . . I HEREBY CERTIFY that the foregoing RESOLUTIOU was duly adopted by the City Council of the City of Sebastian, Florida, on the .ii!!::day of January, 1987. ~/tt ' 7n 1&(/"'-'-''' , City C1er DATE. '7;1,,,- 0"5', /91"1 1/' 1 v , '/ (CITY SEAL) APpr~l\;:7d"O~ ~(;r;rm and IJ:]'~I ::H:ffi:l':~l!::Y Cl'~i,' C!~;Hlt:t; F. -.!-; Iq~,~C ;. CO'J:lty ;',H.): n~y ~ .~,G;'::~';l;;.:,:, ""i:1' ';;!;~~ ~:.-;_:=:".:-;!:'.::::~:,r " , APPROVED AS TO F&~ AND LEGALLY SUFFICIENCY B~: 7c: p:7~ C~ty' Attorney ACCEPTEO BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ON THE .l!L day of 'February 1987. ATTEST. ~. C1e~~tJhnt Co (COUNTY ,/l..C~ By: Don C. Scurlock r., Chairman I HEREBY CERTIFY that a fully executed copy hereof was delivered to the Office of the City Clerk, city of Sebastian, on the day of January, 1987. City 01erk - 5 -