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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 r 0. R. 036 PG 1240 ,� S 5-0.00•dl r, t i 1 1 7 , I RI V V m u 0 u 0 N l W OFFICE of :O i. OAEIAORfR • O br,M noeIAE". nol0oe "911.1 FOD _ 'I'ILI Ult nu,v'Ni It) PAGE ABOVI rr d) VERIFIED 00 NOV -3 All 9: 34 rntnA WRIG111 .'I tRK Or ILIt1C01I WWI IIGIAf11;I (EU..'LA. ST Clva(1Cw,__O.C. 5'74038 57m)50 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 C3 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 1•ICt � � � newwr a rsttr Exhibit: Altuchment "A" Perrin -i IyOn11106M11094*NAM KIM1 �e eat OOAM IOC MMPI B�aeet 1,2-4 Utdticc Rich f+t9r. -2- let .;� \\� 1 inch = 300 it. SECTION 30 OF FLEMING GRANT ANC SECTION 21 OF FLEMING GRANT NOTE: THIS IS A SEETCH ONLY, NOT A BOUNDARY RE77ZtC23MT SURVEr Aft .VND.. ~ . ((CAC AVD 91ilOI e/ Ue e,ww,,y Irar4✓ A�.m nOF .n.e' nl RM+eb, T/ A& A. f[4C M'D mftw*I . M/,I„M, //Nkd SYO,bb M bP Oy Ow e/ e...v,s twe 5....re.• n Ow•rr Snn+-4 AsnWy ",+ .1m LC e)203), i1M/s S r ,•+I M .4rsl, D.•., s a wn ms am.w. r / ro w. � •r r.y a•••W era ewr. SOMA DAnD AND STAN/(D " QrDO HIM H.F. LEN, COMPANY Suits 301 601 tlat Stx t vers BMod n 3YDDc PLenc 609 -M -I= ALL 407-M-2222, P/amm= StrWYM Energy Consultants V I.Q O < .I O V Co < CC W M5 X JW z = W t <6 O W 0 M OD V d Z t O¢ < O d W F LL F F O 3 W Y 00 1'1'=300- f S= N0. 1of2 ft9 ,eel . r. ,p,} cft,' 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 ' .MO�uno�c°QMW><J MUNICIPAL BOUNDARY ----- RICHT—OF—WAY UNE — — — — — — — — UNOPENED STREET OMIT OF PROPOSED ANNEXATION — — PROPERTY UNE — — — — — — — — EASEMENT UNE �y��1 VACATED STREET .4 CORNER OF PROPOSED ANNEXATION 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 FD. - FOUND IRC .IRON ROO WITH CAP G.W.W. - GARY W. WALLACE RLS - REGISTERED LAND SURVEYOR ORB - OFFICIAL RECORD BOOK SO. Fr. - SQUARE FEET R/W - RIGHT—OF—WAY Bl - BLOCK NOM n= LT A .SW%ff ONLY, NOT A BOUNDARY 8877?A=3 NT SURVEY. :Ab c►Wlr twat • ([711. MID 9QTOI M Mr /q.fr a.ee.I n-rw q +wMr w.v mr wYl-Iw wI wef eN fEf.A( M/0 y1)((p �O�pN Wrw.n fiwy STw4-� wf hvA 01 -. .1sY�/�w� T /n4w..f :M Arwwn n 0lsfaf IIIItiA Aa W/ .MIfM1w. Gti Jvrrf f- SwtM a)2021. /iwY. {,y�kry�.1,w� «yaw els rwan n-�f u a Dw w emr.- hn ewy( Tw.r :. er. cwf w �wr wr.rw er aw.c AI- iV OMWwr nv� .wr.. Film H.F. LENZ COMPANY SvIts 30L 601 21st Stswt V4 S..e4 PL 32960 P1sac 107-662—L222 NZ: 107-778-3272 E11g1nem Planners sumsym Energy Co=dt=U 4c W C W = W 0 C U J F j � t Q ZUs W 49 A _ W la us L Im W � O G CC aW J F O W 3 16 O a 0 Z I W J .12 16 = S O H W IL OLu W > A HXI � O U ~ W W V as I . zzz < <_ FW- p C t = h cc A TWT X0. 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