HomeMy WebLinkAbout1991 06 24 - Briefing DocumentBRIEFING DOCUMENT
_ INVESTIGATION OF EXISTING UTILITY FRANCHISE AND
THE ADVANTAGES AND DISADVANTAGES OF PROVIDING
WATER AND WASTEWATER SERVICE FOR THE CITY OF
T SEBASTIAN, FLORIDA
JUNE 24, 1991
BY.•
HARTMAN & ASSOCIATES, INC.
AND
GRAY, HARRIS, ROBINSON, KIRSCHENBAUN & PEEPLES
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TABLE OF CONTENTS
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Section Title
Pape
LIST OF FIGURES
in
LIST OF TABLES
iv
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ES EXECUTIVE SUMMARY
ES -1
1 INTRODUCTION
1.1 Background
1-1
1.2 Alternative Approaches to Utility Ownership/Operation
1-3
2 EXISTING FACILITIES
2.1 Service Area
2-1
2.2 Potable Water Facilities
2-1
.,
2.3 Wastewater Treatment Facilities
2-26
2.4 Population Projections
2-34
^
3 INDIAN RIVER COUNTY OVERALL PLAN
3.1 Introduction
3-1
^
3.2 Approach to Potable Water Supply
3-1
3.3 Approach to Wastewater Collection, Treatment and Disposal
3-6
3.4 Current Rate Structure
3-11
4 CITY OF SEBASTIAN PLAN OF ACTION
4.1 Background
4-1
4.2 Background on City's Utility Laws, Charter, Ordinances and
..
Franchises
4-1
4.2.1 Laws
4-1
4.2.2 Charters and Ordinances
4-2
4.2.3 Franchises
4-3
4.3 Current Legal Status
4-4
4.3.1 Initial Indian River County Agreements
4-4
4.3.2 Later City Resolution Implementing the Indian River
County Agreements
4-6
4.3.3 1990 City/County Agreements Concerning General
..
Development Utilities, Inc.
4-7
4.4 Alternative Legal Course of Action
4-8
.,
4.5 Existing Water and Wastwater System Requirements
4-9
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TABLE OF CONTENTS (Continued)
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Section Title
Pape
4.6
Approach
4-11
4.7
Impacts of Purchase on Utility Customers
4-13
..
5 COMPARISON OF THE CITY OF SEBASTIAN AND INDIAN RIVER
COUNTY PLANS
5.1
Introduction
5-1
5.2
City/County Comparison
5-1
5.3
Advantages and Disadvantages of City Ownership
5-4
5.4
Risk Assessment
5-9
5.5
Implementation Schedule
5-14
5.6
Preliminary Cost Consideration
5-17
5.7
Financing Programs
5-22
5.7.1 Transfer of Wastewater Capital Charges
5-22
5.7.2 Wastewater Capacity Sale
5-22
.,
5.7.3 Water System Capacity Sale
5-23
5.7.4 System Extension/Connection Capital Fund
5-23
■.
5.7.5 Farmers Home Administration
5-23
5.7.6 State of Florida Bond Loan Program
5-24
5.7.7 Florida League of Cities Pool
5-25
5.7.8 Commercial Bank Loan
5-25
5.7.9 General Obligation Bonds
5-25
5.7. 10 Private Placement Bonds
5-26
5.7. 11 Water and Sewer System Revenue Bonds
5-26
6 CONCLUSIONS AND RECOMMENDATIONS
.,
6.1
Conclusions
6-1
..
6.2
Recommendations
6 -
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
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LIST OF FIGURES
Figure No. Title
Page
., ES -1
Existing GDU Franchise Area and Adjacent Franchise/Service Areas
ES -2
ES -2
Existing GDU Potable Water Service Area
ES -4
ES -3
Existing GDU Wastewater Service Area
ES -6
ES -4
Utility Acquisition Investigation Flow Chart
ES -15
., ES -5
Project Schedule
ES -19
1-1
City of Sebastian, Florida Utility Acquisition/Regulation Flow Chart
1-4
1-2
Utility Acquisition Investigation Flow Chart
1-6
2-1
Existing GDU Franchise Area and Adjacent Franchise/Service Areas
2-1
2-2
Sebastian Highlands Water Treatment Plant Location
2-2
., 2-3
Existing GDU Potable Water Service Area
2-3
2-4
Sebastian Highlands WTP Process Flow Schematic
2-8
2-5
Daily Raw Water Pumped to Sebastian Highlands WTP
2-17
2-6
Sebastian Highlands WTP Daily Finished Water Quality
2-25
.. 2-7
Sebastian Highlands Wastewater Treatment Plant
2-27
2-8
Existing GDU Wastewater Service Area
2-28
2-9
Wastewater Treatment Plant Hydraulic Profile
2-29
2-10
Sebastian Highlands WWTP Influent Wastewater Flows
2-35
2-11
City of Sebastian Effective Population Projections
2-41
3-1
Indian River County Proposed Water Service Areas for 1995 and 2010
3-4
3-2
Summary of Cost and Implementation Schedule for North Service Area
3-7
3-3
Existing Indian River County Wastewater Facilities In -Ground
3-9
3-4
Indian River County Proposed Wastewater Service Areas for 1995 and
2010
3-10
4-1
Utility Acquisition Investigation Flow Chart
4-14
5-1
Project Schedule
5-16
6-1
Sebastian Highlands Proposed Ultimate Water and Wastewater
Service Area
6-4
F,
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LIST OF TABLES
Table No. Title
Page
ES -1
Comparison of Water and Wastewater Impact Fees
ES -10
ES -2
Comparison of Average Water and Wastewater Bills
ES -11
2-1
Sebastian Highlands Water Treatment Plant Raw Water Supply Wells
2-6
2-2
Sebastian Highlands Water Treatment Plant Existing Equipment
2-9
2-3
Sebastian Highlands Water Treatment Plant Raw Water Characteristics
2-14
2-4
Sebastian Highlands Water Treatment Plant Inorganic and Organic
Characteristics of the Raw Water Supply
2-16
2-5
Sebastian Highlands Water Treatment Plant Finished Water
Characteristics
2-18
2-6
Sebastian Highlands Water Treatment Plant Flow Data and Factors
2-20
2-7
Sebastian Highlands Water Treatment Plant Chemical Usage
2-22
2-8
Sebastian Highlands Wastewater Treatment Plant Design Criteria
2-31
2-9
Sebastian Highlands Wastewater Treatment Plant FDER Monthly
Operating Data
2-33
2-10
Sebastian Highlands Wastewater Treatment Plant Flow Data and Factors 2-36
2-11
Population Projections
2-39
2-12
Total Resident and Seasonal Population Effective Population
2-42
3-1
Indian River County Impact Fee Schedule
3-13
3-2
Comparison of Water and Wastewater Impact Fees
3-14
3-3
Indian River County Water and Sewer Rates
3-16
3-4
Comparison of Average Water and Wastewater Bills
3-17
5-1
GDU Sebastian Highlands System Versus Indian River County
5-5
5-2
Advantages and Disadvantages of City Ownership
5-8
5-3
Risk Assessment City Ownership Option
5-10
5-4
Preliminary Implementation Schedule City Ownership Option
5-15
5-5
Preliminary Estimate of Capital Requirements of City Water and
Sewer System
5-18
5-6
Preliminary Estimate of Capital Sources and uses City of Sebastian,
Florida
5-20
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EXECUTIVE SUMMARY
The City of Sebastian has a fundamental obligation to ensure that municipal services are either
provided by the City or delegated to another entity (i.e., Indian River County). In 1981, the
City of Sebastian granted a water and sewer franchise area to General Development Utilities,
Inc. (GDU). In 1987, the City of Sebastian and Indian River County entered into an
agreement which changed the provisions for water and sewer service within the incorporated
limits of the City of Sebastian. On December 12, 1990, the City entered into a series of
agreements with the County relating to the water and sewer franchises granted to GDU. In
.. summary, the City has essentially become the County's agent within the City for the provision
and regulation of water and sewer utilities as a result of the December 12, 1990 agreement.
Since 1987, questions have been raised by the residents of the City, as well as the City
officials, regarding the Indian River County agreements and the economic impacts that will be
incurred for obtaining water and wastewater service from Indian River County. In March,
1991, the City of Sebastian hired the engineering firm of Hartman & Associates, Inc. (HAI)
and the legal firm of Gray, Harris, Robinson, Kirschenbaum & Peeples (GHRKP) to
investigate and advise the City as to the engineering and legal implications that are associated
.. with providing water and wastewater service within the incorporated limits of the City. On
March 5, 1991, the City of Sebastian received an offer from Indian River County to
"relinquish its franchise rights within the City of Sebastian if that is what the City Council
wished." On April. 5, 1991, the City responded to the Indian River Board of County
Commissioners to accept the County's offer to relinquish the County's franchise rights within
the City of Sebastian.
As illustrated in Figure ES -1, there are four (4) franchise areas that were granted by the City
within its incorporated limits. These four (4) water and wastewater franchise areas are:
° General Development Utilities
., Indian River County
° Lake Delores Utilities
° Sebastian Lakes Utility Company
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�' R3/91-064.00/EXEC.SUM ES -1
Central potable water service for the City of Sebastian is provided by GDU, which presently
holds a franchise agreement for a majority of the City, with the exception of the Lake Delores
.. service area. The GDU water utility system provides potable water to its customers from a
water treatment plant (WTP) located on Filbert Street. The existing service area for the
., Sebastian Highlands WTP includes units 7, 9, 12, 14, 15 and portions of units 8, 10, 11, 16
and 17. The existing GDU - Sebastian Highlands WTP service area is illustrated in Figure
ES -2.
The GDU Sebastian Highlands WTP is a lime softening, filtration and disinfection facility
.. with a design capacity of 671,000 gpd. The WTP, since September, 1988, has been providing
an average daily finished water demand of approximately 286,900 gpd, and the daily demand
has ranged from 185,000 gpd to 512,000 gpd. During the last three (3) months, the average
daily finished water demand was approximately 302,000 gpd. The existing condition of the
wells, transmission/distribution systems, equipment and miscellaneous facilities is unknown at
this time, since GDU has prohibited HAI from conducting detailed inspections of the facilities.
The raw water quality that is pumped to the Sebastian Highlands WTP is considered good,
based on data obtained from the Florida Department of Environmental Regulation (FDER) and
the Indian River County Health Department (IRCHD). Of the data analyzed, the two (2) raw
.. water supply wells did not violate any of the water quality standards that were in effect at the
time of sampling. However, it should be noted that GDU has been cited on numerous
occasions for failure to monitor the raw water quality, as well as other monitoring
requirements (i.e., monthly microbiological, sodium, corrosivity, etc.). Moreover, GDU was
.. cited on July 11, 1989, for failure to monitor the drinking water supply in accordance with
Chapter 17-550, Drinking Water Standards, Monitoring and Reporting, of the Florida
Administrative Code (FAC).
The finished water provided to the customers by the Sebastian Highlands WTP considered
good quality product. However, there have been some complaints from customers regarding
the finished water quality. On October 16, 1990, the IRCHD investigated the a complaint,
and samples were taken for bacteria, copper, chlorine residual and total trihalomethanes
(TTHM). As a result, the samples analyzed for microbiological parameters indicated that the
.. taps inside the residence exceeded the requirements in Chapter 17-550; however, the outside
tap did not violate this standard. The copper concentration exceeded the maximum
contaminant level (MCL) set by Chapter 17-550 and was reported to be 0.17 mg/1 at the
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y HARTMAN 8c ASSOCIATES, INc. EXISTING GDU POTABLE WATER
engineers, hydmgeologists, scientists &management consultants SERVICE AREA
1
SOUTHEAST BANK BUILDING
SUITE 1000 •20l EASE PINE STREET • ORLANDO,FL 32801 Figure ES -2
TELEPHONE (407)839-3955 . FAX (407) 839-3790
^
kitchen sink and 3.15 mg/1 in the bathroom. Finally, the TTHM concentration violated the
r
MCL level set by Chapter 17-550 and was reported to be 0.343 mg/l (outside residence) and
0.40 mg/1 (inside residence). The free chlorine concentrations of all samples resulted in a
level of greater than 1.0 mg/1. These problems are not alarming, since GDU, to the best of
our knowledge, does not practice TI'HM control the copper problems could be resolved by
modifying the operation of the WTP and the bacteria concentrations appear to be a problem
resulting from within the house rather than from the system.
The Sebastian Highlands wastewater treatment plant (WWTP) is located at the west end of the
Baily Drive extension. The City of Sebastian is served by GDU under an, exclusive franchise
agreement. Currently, the wastewater service is provided to relatively few customers, which .
comprises the population in units 9, 16 and 17 of the development. Illustrated in Figure ES -3
is the current wastewater service area of the Sebastian Highlands WWTP.
The Sebastian Highlands WWTP is an extended aeration activated sludge treatment process
with a design capacity of 300,000 gpd; however, the effluent disposal system (percolation
r, ponds) have a permitted disposal capacity of 142,000 gpd. Since January, 1988, the influent
wastewater flow to this WWTP has averaged approximately 81,800 gpd and ranged from
_ 22,000 gpd to 186,000 gpd. During the last three (3) months, the influent flow averaged
approximately 113,000 gpd, with a maximum daily flow of approximately 136,000 gpd. As
was the case with the water system, GDU did not permit HAI to conduct a detailed
engineering inspection of the wastewater collection, treatment and effluent disposal facilities;
thus, the existing condition of these facilities is unknown.
INDIAN RIVER COUNTY PLAN
As a result of the Water Master Plan prepared for Indian River County, it was recommended
that the initial water service in the Sebastian area be along the U.S. Highway 1 corridor from
the Hobart area northward to the Roseland area. The County will then expand to provide
service along Fellsmere Road (County Road (CR) 512) to Vero Lake Estates and an area north
of CR 512. It is anticipated that this extension would occur in the mid 1990's. Within this
initial service area, the Water Master Plan assumed that 50 percent of the developed residential
^ and 90 percent of the commercial/industrial acreage will be connected to the County water
service by the mid 1990's, and potable water service will then be increased to 95 percent by
.. HES/ch/mg
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WASTEWATER
HARTMAN & ASSOCIATES, INC.
engineers, hydrogeologists, scientists & management mnsultants
SERVICE
AREA
auwu
SOUTHEAST BANK BUILDING
Figure
ES -3
SUITE 1000 •201 EAST PINE STREET - ORLANDO,FL 32801
TELEPHONE (407)839-3955 - FAX (407) 839-3790
the year 2010. In summary, the Water Master Plan provides for an orderly expansion of the
.. County's potable water system to meet the needs of future residents.
The County's conceptual plan for system expansion in the north service area is as follows:
•. 1991 - 1996 Time Frame
Complete Phase I construction of the new wellfield and a 12.0 MGD reverse
osmosis (RO) treatment plant at the Hobart Park site, including a 2.0 million
_ gallons (MG) ground storage tank. Construct a transmission main to the
Gifford area water system.
Construct major transmission main improvements into the Sebastian and
Fellsmere areas along with other improvements throughout the system.
Construct a 0.75 MG elevated storage facility in the vicinity of Roseland Road
and U.S. Highway 1 and a 0.5 MG ground storage facility in the vicinity of
Interstate 95 and Fellsmere Road.
1996 - 2010 Time Frame
Expand the treatment plant capacity at the Hobart RO plant to 17.0 MGD.
Expand the firm pumping capacity at the Hobart Park wellfields.
Construct a 2.0 MG ground storage facility at Hobart RO plant.
Construct transmission main improvements needed to serve future growth.
° 2001+ Time Frame
Expand the Hobart plant to 22.0 MGD. The final plant is planned for 13 wells
.. plus one (1) standby well, low pressure RO equipment, 8.0 MG of ground
storage and 48.4 MGD of high service pump capacity.
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83/91-064.00/EXEC.SUM ES -7
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Construct transmission main improvements needed to serve future growth.
Integration of the Sebastian Highlands WTP into the County's potable water
M system.
•+ As a result of the Wastewater Master Plan that was prepared for the County, it was
recommended that a regional WWTP be constructed at the County's Hobart Park site.
Subsequently, a wastewater collection and transmission system was constructed along the U.S.
Highway 1 corridor and portions of the City of Sebastian. The selected alternative from the
Wastewater Master Plan consists of five (5) subregional wastewater collection, treatment and
effluent disposal facilities; one (1) located in each of the study areas, with the exception for the
west central County service area. For the north County service area, the method of
wastewater treatment would be of a conventional activated sludge type followed by secondary
clarification and chlorination. The effluent would then be disposed of through percolation
�• ponds.
The estimated capital improvement costs from the Wastewater Master Plan were then updated
(April, 1991 dollars) for wastewater treatment plant expansions and effluent disposal. facility
expansions and are identified below:
1990 - 1992: 1.0 MGD expansion to Hobart WWTP - $2,647,000.00.
° 1990 - 1992: 1.0 MGD percolation pond - $804,000.00.
° 1990 - 1992: U.S. Highway 1 corridor and City of Sebastian wastewater
collection and transmission system - unknown since actual bid prices were not
provided by the County (portions that can be utilized by the City are estimated
to be $414,000.00).
The water and wastewater rates have remained unchanged since 1984, and impact fees have
been increased only to reflect increases in construction costs. In the meantime, the utility
system has experienced increases in the costs of operations and capital improvements that
^� could not be adequately funded under the previous fee and rate schedule. Of particular interest
to the County was the need to recover the cost of providing capacity to serve new customers
(i.e., City of Sebastian, etc.) through impact fees. The updated impact fees were formulated
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83/91-064.00/EXEC.SUM ES -8
so that existing customers' rates would not increase to fund capacity for new growth. As can
be seen from this table, the water and wastewater impact fees have increased approximately
28.5 percent from the current rate of $2,711.00 to $3,483.00 for the remaining 1991 fiscal
year. The water and wastewater impact fees will increase an additional 8.01 percent in 1992
from the 1991 impact fees and an additional 9.54 percent in 1993 from the 1992 impact fee.
Overall, the water and wastewater impact fees will increase a total of approximately 18.3
percent from the existing impact fees in place presently. Summarized in Table ES -1 is a
comparison of Indian River County's impact fees with surrounding counties and
municipalities. As can be illustrated from this table, Indian River County's existing water and
wastewater impact fees are one of the highest in the region _
On April 1, 1991, the revised rate structure for the County was implemented. The
recommended rates that are presently in-place were based on a conservation water rate
structure, an excess volume surcharge and an excess sewage strength charge.
The recommended water rates will result in an increase in the typical monthly residential water
.., bill (5,000 gallons) of approximately 3.7 percent from approximately $17.11 to $17.75. The
typical residential wastewater bill (5,000 gallons) will increase approximately 34.9 percent, or
from $17.67 to $23.84 per month. Therefore, a total water and wastewater bill for the
remainder of 1991 would be $41.59, an increase of 19.6 percent from the current bill. In
1992, the average combined water and wastewater bill for a residential user will increase to
$49.49 ($20.25 - water, $29.24 - wastewater), or approximately 19.0 percent from the 1991
average bill. The 1993 average combined water and wastewater bill will increase
approximately 2.0 percent ($50.49 - total, $20.75 - water, $29.74 - wastewater) over the 1992
average bill. Summarized in Table ES -2 is a comparison of the Indian River County average
., water and wastewater, based on a usage of 5,000 gallons, with surrounding counties and
municipalities. As indicated in Table ES -2, the Indian River County current rates are
significantly higher than any of the surrounding municipalities, and even higher than the
current GDU rates for water and wastewater service.
.. CITY OF SEBASTIAN PLAN OF ACTION
Between 1986 and December 12, 1990, the City of Sebastian and Indian River County entered
into a series of agreements which changed the provisions of water and wastewater service
within the incorporated limits of the City. Beginning in 1986, Indian River County and the
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TABLE ES -1
COMPARISON OF WATER AND WASTEWATER IMPACT FEES
County/Municipality/Utility Water Wastewater
., Indian River County $1,320.00 (1991) $2,163.00 (1991)
City of Vero Beach(l)
an
City of West Melbourne
City of Melbourne
City of Port St. Lucie
Brevard County
r �
$1,441.00 (1992) $2,321.00 (1992)
$1,570.00 (1993) $2,551.00 (1993)
$1,016.00 (Mainland Fees) $2,331.00 (Outside City Limits)
$2,331.00 (Island/Beach)
$400.00 $1,000.00
$600.00 $1,375.00
$600.00 $1,800.00
$1,903.00 (Single Family) $2,257.00 (3 Bedrooms)
$1,589.00 (Condos/Mobile Homes) $2,610.00 (4 Bedrooms)
$2,962.00 (5+ Bedrooms)
Palm Beach County $600.00 $1,800.00
.. General Development Utilities $1,214.00 $1,331.00
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TABLE ES -2
COMPARISON OF AVERAGE WATER AND WASTEWATER BILLS(1)
County/Municipality/Utility Water Wastewater Total
Indian River County (1991) $17.75 $23.84 $41.59
(1992) $20.25 $29.24 $49.49
Brevard County
City of Melbourne
Ft. Pierce Utility Authority
City of Palm Bay
City of Vero Beach
General Development Utilities, Inc. (2)
Notes:
(1) Based on a usage of 5,000 gallons.
(2) 1991 Pass -Through Rate Increase.
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83/91-064.00/ES-2.TBL
$10.65
$13.25
$23.90
$8.50
$17.00
$25.50
$11.00
$15.75
$26.75
$15.30
$16.34
$31.64
$10.30
$17.90
$28.20
$19.25
$20.47
$39.72
ES -11
_ City of Sebastian held discussions and hearings regarding the County's desire to provide water
and wastewater service within the City of Sebastian. At that time, the County was beginning
the development of the north County subregional wastewater system, and they viewed the City
of Sebastian as a potential source of its customers for this system. At those hearings, the City
adopted a series of documents which have changed the nature of the provisions (and to some
�. extent, the regulation) of water and wastewater service within the City of Sebastian. 'These
initial documents involved Ordinance No. 0-87-01, Resolution Nos. R-87-6 and R-87-7, and
an Intergovernmental Agreement between Indian River County and the City of Sebastian.
Since 1987, there have been no less than five (5) City Resolutions_ahich have further
., supplemented the Indian River County Agreements. These included Resolution Nos. R-87-85,
R-89-12, R-89-60, R-90-30 and R-90-31. On December 12, 1990, the City entered into a
series of agreements relating to the water and wastewater franchises granted to GDU, in which
the City agreed to transfer to the County all of the City's right, title and interest in the water
.. franchise granted to GDU and the wastewater franchise granted to GDU, with the exception of
the City's right to receive franchise revenues and to regulate rates and charges pursuant to said
franchise.
On March 5, 1991, the City received an offer from Indian River County to "relinquish its
franchise rights within the City of Sebastian if that was what the City Council wished...". On
April 5, 1991, Special Counsel for the City responded to the Board of County Commissions by
accepting the County's offer subject to completion of the necessary documents containing
terms and conditions applicable to the City and the County so that the agreements, ordinance,
and resolutions may be rescinded in such a manner as to not impact innocent third parties.
Meetings have been held with various County and City officials, including a meeting on April
17, 1991, in which the City and the County agreed to work together in order to "unbuckle" the
Indian River County agreements to the extent necessary and as ultimately determined by the
City Council of the City of Sebastian and the Board of County Commissioners of Indian River
r
County.
'" Essentially, the City faces three (3) possible legal alternatives with regard to the provision and
regulation of water and wastewater services within the City. First, the City can maintain the
., status quo. Second, the City can provide water and wastewater service throughout the City
without cooperating with the Indian River County. Finally, the City can provide water and
wastewater service within the City in cooperation and coordination with Indian River County.
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..
This report recommends that the City Council decide to implement alternative no. 3. Based on
this recommendation, the following actions would need to be accomplished:
° Retransfer the right to acquire GDU water and wastewater facilities back from
Indian River County to the City of Sebastian, and void the December 12, 1990
assignment agreement, and repeal Resolution No. R-90-55.
° Amend or replace the Intergovernmental Agreement between the City and
Indian River County with a new agreement to _ lie. entitled City of
Sebastian/Indian River County Interlocal Utility Agreement, as well as
modifying Resolution R-87-7. Components of this Agreement will include the
following:
1. construction of a flow diversion facility and meter facilities,
2. transfer of customers, future reservations, and certain assets to
the City from the County, and
3. a transmission capacity cost sharing agreement.
Modify the Indian River County Franchise to allow the County to continue to
own, operate, and maintain the forcemain in the City. Gradually phase out
Resolution No. R-87-6.
.., Modify Ordinance No. 0-87-1 and Resolution R-87-85 to transfer assessments to
the City, modifying Intergovernmental and franchise clauses.
° Be sure that the City's current rate ordinances (Ordinance No. 0-81-8A, 0-81-
8B, 0-81-8C, and 0-83-7) are incorporated into the Code of Ordinances.
Amend Ordinance No. 0-78-6 as amended, regarding the granting of rates.
° Authorized necessary legal studies in documents in order to acquire the GDU
water and sewer systems pursuant to the option franchise clauses.
HES/ch/mg
R3/91-064.00/EXEC.SUM ES -13
° Schedule, notice and hold the necessary Chapter 84-84, Laws of Florida herein
to determine the propriety of acquisition.
° Begin the process of acquisition pursuant to Ordinance Nos. 0-81-8 and 0-81-9.
The first step of this acquisition will be to conduct an engineering survey of the facilities and
request that GDU provide the City with standard engineering (i.e., as -built drawings, reports,
etc.) and financial information regarding the water and sewer system. These requests are
normally accessible and available for a regulated utility.
The second step of this acquisition would be to conduct a thorough evaluation of the system,
00 complying with Section 180.301, FS, that will provide the best information and analyses for
decision malting purposes of the City Council. Concurrent with the second step would be to
integrate the existing facilities (i.e., pipelines, pump stations, etc.) installed by the County
inside the City limits of Sebastian into the City's system. The integration of the system should
be accomplished in such a manner so as to not significantly impact the overall water and
wastewater master plans.
Concurrent with the above structured approach, as well as the legal approach summarized
above, is the development of a financial plan and report for the acquisition of the water and
wastewater facilities. Both the financial plan and report will utilize information obtained
during water and wastewater system evaluations (i.e., capital, O & M, integrity of facilities,
etc.), data analyses and implications of the legal aspects (i.e., cost sharing, transfer of
customers, etc.). Illustrated in Figure ES -4 is a generalized approach to a utility acquisition.
Based on our preliminary investigation of the facilities, the WTP will need to be expanded to
1.342 MGD, institute TTHM control, the operations modified, and the development of three
(3) additional raw water supply wells will need to occur prior to 1995. As services are
extended, the WTP will need to be expanded accordingly to meet the demands. Additionally,
raw water supply should not be a major problem, due to the hydrogeologic conditions that
exist in this area. The preliminary cost estimate to expand the water system to 1.342 MGD,
utilizing the same water treatment processes as described above, is approximately
$1,276,000.00.
HES/ch/mg
83/91-064.00/EXEC.SUM ES -14
0
pa, CA
• FINANCE "
OOCUUEMAnON
FOR PURCMSE
f w-1 PIIMTWTax
xON-BOND eSVE
PROGPAAIS
INSUPMICE WSTS `
FIN•xCED BY OTHERS
• AGREEMEM E BnS
• 180.101 HFAi1wG
• USER WTES
• C TAL CWRDES
• UDUtt STANDARDS
• POLICIES PROCEDURE
M Uu
• PURCHASE AGREEMENT
• 180.301 H U,G
• RESOLUTIONS
• OPDRMNCES
• SEWER ORq CES
• M. DEVELOPERS AGREEMENT
• FPMMCW. REPOM
HARTMAN & ASSOCIATES, INC. UTILITY AQUISITION
engineen, hydrogeologists, scientists & management consultants INVESTIGATION
SOUTIff.A.YI BANE BUILDING
FLOW CHART
SURE 1000 • 201 EASE PIKE STREET •szeDl Figure ES -4
TELEPHONE (407)039-3955• FAX (407)07) 839-3 839-3790 n
M
Based on the evaluation of the WWTP, there appears to be an immediate need for effluent
�+ disposal. It was recommended that off-site effluent disposal sites (i.e., green area irrigation,
golf courses, etc.) be investigated. It was recommended that the WWTP be expanded to 0.6
MGD to provide filtration and utilize the public access level reuse as a method of effluent
disposal. Additionally, the City will have to build a flow diversion pump station, and acquire
the existing County wastewater collection system and pump stations on CR 512 and Main
r
Street. The total estimated cost for the wastewater system expansion, as described above and
excluding line extensions, is approximately $2,345,000.00.
M
It is the recommendation of this report that the City of Sebastian exercise its option to purchase
the water and wastewater facilities from GDU. In addition, the impacts of the purchase on the
customers of the utility, both positive and negative, were taken into consideration. The
customers of GDU are the true party in interest in any proposed acquisition. Their position,
both before and after any acquisition, are the pivotal concern in determining the public
interest.
The positive impacts on the utility customers resulting from the purchase by the City of the
water and wastewater facilities are anticipated as follows:
° Through City ownership all citizens within the City of Sebastian would have the
same type entity, rate and charge schedule, management, and policy for water
and sewer service. Our review of the existing GDU tariff that this tariff with
modifications could be implemented under City ownership.
° The total monthly bill for the GDU Sebastian Highlands system is $39.72 per
month versus the County's $41.59 per month for a 5,000 gallon usage . In the
future the County has proposed and approved significant rate increases which
would make the difference between the County and GDU Sebastian Highlands
system greater for a typical customer.
The major difference between the GDU system and the Indian River County
system is in the connection fees charges by each entity. The total connection
cost which includes the meter setting fee, the water connection fee and the
wastewater connection fee is $2,545.00 for the Sebastian system. In contrast,
using the 1991 rates, the similar cost for the Indian River County system is
HES/ch/mg
R3/91-064.00/EXEC.SUM ES -16
P"
$3,613.00. These costs are comparable solely for the water supply, treatment
.. and transmission facilities, as well as the wastewater transmission, treatment and
reclaimed water reuse facilities. Note that there exists a $1,068.00 between the
" two systems and that difference is projected to be increased significantly in the
future by Indian River County.
° The existing GDU customers in Sebastian Highlands and the logical future
customers to the GDU Sebastian Highlands system within the certificated area
would not experience a cost reduction with City ownership. Most likely, the
same rates and charges would be maintained and there would be no negative
„ impact, yet no positive impact. The County, in contrast, can not purchase the
GDU system under the same terms and conditions as the City of Sebastian. If
the County acquired the GDU Sebastian Highlands system one can expect that
the rates would increase significantly as well as the capital charges would be
increase significantly.
City ownership provides for monthly rate control, special fee control,
containment of capital charges and the minimization of contributions -in -aid -of -
construction required for service.
City control of the operation and expansion of the system will not be subject to
land development aspects.
�• Concurring provisions require that appropriate "Levels of Service" and
infrastructure capacities and integrity be established to accommodate growth and
development.
Under City ownership, the level of water and wastewater services provided to
the customer can significantly improve. The water and wastewater systems will
become more reliable under City operations due to more stringent design
standards and operation/maintenance procedures. Subsequently, the improved
management of these systems will allow the City to directly protect the public
health and the environment.
HES/ch/mg
83/91-064.00/EXEC.SUM ES -17
M
° Regulatory decisions concerning the water and wastewater system will be made
., by local representatives of the customers who will be more aware of local
requirements, and they will be more sensitive to the needs of the customers.
w
The City will have centralized records for water and wastewater and therefore,
will more accurately be able to plan for future customer needs.
° The purchase is the first step in creating a unified water and wastewater utility
service.
The disadvantages of City ownership include the responsibility of the a 24-hour, 7 -day a week
water and wastewater operation, maintenance and permits, provision of engineering services,
legal services, and management of the overall water and wastewater systems. These functions
will require additional City staff and the hiring of many of the GDU staff. The City will also
become responsible for water and wastewater financing decisions, although the utility
customers would continue to be the surety for all debt. The City would also undergo a
transition and acquisition period with both the County and GDU to consolidate water and
wastewater services under City ownership. This transition period may create a period of
_ confusion and would require excellent and timely communications between the City, County,
GDU and the citizens within the City limits of the City of Sebastian.
In conclusion, we believe that the risks associated with City ownership are not such that the
potential City ownership option should be discounted. In fact, if the City can rely upon the
., good faith of the County in this circumstance then the risk assessment is minimal for the City's
implementation of a sound water and wastewater utility program. Only through competition
by the County would the City's ability be diminished. We are assuming that the County's
statements are made in good faith and that the County will continue to cooperate with the City
to effect appropriate City water and wastewater utility system.
The preliminary implementation schedule is illustrated on Figure ES -5 for utility service by the
City of Sebastian. It is anticipated that the acquisition of GDU could be completed by May of
1992. Services by GDU would continue through that time. Service by the County would
continue for those customers to be connected to their system from the present through
September of 1993, at which time those customers to be served by the City would be
.. transferred to the City.
HES/ch/mg
R3/91-064.00/EXEC.SUM ES -18
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--------------------------------------------------------------------
ASSOCIATES,
H,A;� IPROJECT
SCHEDULE
Figure
SECTION 1
INTRODUCTION
1.1 BACKGROUND
The City of Sebastian has a fundamental obligation to ensure that municipal services are either
provided by the City or delegated to another entity (i.e., Indian River County). In 1981, the
City of Sebastian granted a water and sewer franchise area to General Development Utilities,
�- Inc. (GDU). In 1987, the City of Sebastian and Indian River County entered into an
agreement which changed the provisions for water and sewer service within the incorporated
limits of the City of Sebastian. Since 1987, there have been no less than five (5) City
resolutions which have further supplemented the City of Sebastian and Indian River County
_ agreements. On December 12, 1990, the City entered into a series of agreements with the
County relating to the water and sewer franchises granted to GDU. In summary, the City has
essentially become the County's agent within the City for the provision and regulation of water
and sewer utilities as a result of the December 12, 1990 agreement.
Since 1987, questions have been raised by the residents of the City, as well as the City
officials, regarding the Indian River County agreements and the economic impacts that will be
incurred for obtaining water and wastewater service from Indian River County. In March,
1991, the City of Sebastian hired the engineering firm of Hartman & Associates, Inc. (HAI)
_ and the legal firm of Gray, Harris, Robinson, Kirschenbaum & Peeples (GHRKP) to
investigate and advise the City as to the engineering and legal implications that are associated
with providing water and wastewater service within the incorporated limits of the City. On
March 5, 1991, the City of Sebastian received an offer from Indian River County to
"relinquish its franchise rights within the City of Sebastian if that is what the City Council
.. wished." On April 5, 1991, the City responded to the Indian River Board of County
Commissioners to accept the County's offer to relinquish the County's franchise rights within
the City of Sebastian.
Whether or not the City owns the water and wastewater facilities, their goals should be to have
the public health, safety and welfare protected and enhanced to the maximum extent possible.
The public health aspects involve the proper operations of the utility systems with
appropriately trained manpower given adequate resources. The public safety aspects involve
appropriate auxiliary power, pumping, piping, fire hydrant locations and needed water supply,
HES/ch
.. R3/N91-064.00/Secl 1-1
appropriate water and wastewater treatment and emergency preparedness facilities (line breaks,
fire protection, etc.). The public welfare aspect is addressed by the type, as well as the cost of
utility service. Therefore, based on these aspects, the City wishes that the ownership and
operation of the essential utilities service be entrusted to long-term, reliable and knowledgeable
people with adequate resources who will be responsible public servants, whether it be the City
or the County. Based on previous experiences with municipal utilities, it is far more
advantageous for the City to own and operate the water and wastewater systems and therefore,
control their own destiny (i.e., growth, rates, etc.) In other words, acquisition of the GDU
., water and wastewater facilities by the County could result in increased costs to the customers
within the City of Sebastian, and the customers, most likely, may have a lesser "voice"
(voting) in operations, rates, service extensions, allocation of capital improvements,
accommodations of development and/or new homes, or many other local yet important
matters, since the City will not have total control.
The question of wanting to acquire and/or regulate the utilities associated with the GDU -
Sebastian Highlands Division should be considered at various stages of feasibility, negotiations
or system regulatory compliance, and possibly for this case, litigation to enforce the
regulations and franchise rights of the City. Regulation is typically an option which will
continue to be present as long as the utility remains in investor ownership. In accordance with
Ordinances 0-81-08 and 0-81-09, the City of Sebastian is the only entity which has a contract
right to purchase the utility if the agreement between the City of Sebastian and Indian River
County is dissolved.
Unlike other GDU franchise agreements between the utility and a particular city (i.e., North
Port, Palm Bay, etc.), the City of Sebastian can purchase the GDU system at any time prior to
the end of the 30 -year franchise agreement, rather than waiting until the end of the term of the
franchise agreement. The franchise agreement between GDU and the City basically states that
within 180 -days after the City has notified GDU of its intent to terminate the franchise and to
.. acquire the system, GDU shall convey all of its facilities, together with all easements, to the
City. It further states that the time for conveyance of water and wastewater systems may be
extended if a reasonable and unintentional delay has resulted which prohibited GDU in
relinquishing its system. A second unique aspect of this system is that the City has the right to
purchase the assets of the utility based on the average of the net original cost and a price as
computed and agreed upon by three (3) qualified appraisers (City -appointed, utility -appointed
and independent). In addition, the City is not required to purchase and no value will be placed
HES/ch
.� R3/1/91-064.00/Secl 1-2
M
computed and agreed upon by three (3) qualified appraisers (City -appointed, utility -appointed
.. and independent). In addition, the City is not required to purchase and no value will be placed
on additions or extension to the system which were paid for as contributions -in -aid -of -
construction (CIRC) by any person, firm or corporation other than the utility.
A
In summary, due to the unique circumstances present, the City of Sebastian has an obligation
and should investigate the acquisition of the water and wastewater facilities that are included
under the GDU - Sebastian Highlands Division. There are a number of decision-making
points that must be accepted prior to acquiring a utility. Illustrated in Figure 1-1 is a
generalized utility acquisition and/or regulation flow chart which depicts the intertwined nature
., of this situation.
1.2 ALTERNATIVE APPROACHES TO UTILITY OWNERSHIP/OPERATION
There are numerous avenues or scenarios available in utility ownership and operation. These
alternatives include the following:
Alternative no. 1 - City ownership operations.
Alternative no. 2 - City ownership and contract operations.
•• Alternative no. 3 - Public entity ownership and City operations.
Alternative no. 4 - City ownership and public entity operations.
Alternative no. 5 - Public entity ownership and contract operations.
° Alternative no. 6 - Public entity ownership and operations.
° Alternative no. 7 - Continued investor ownership and operations.
Alternative nos. 3, 5 and 6 are comparatively less favorable to the City, simply due to the fact
that the City has a contract right for purchase and subsequently, can purchase the facilities at
the least possible cost. Therefore, if ownership transitions occur, then only the City of
Sebastian can accomplish this at the lowest possible cost to the public. The options of not-for-
profit agent, privatization or other investor ownership are doubtful due to the desire of GDU to
continue to own the facility and the lack of the contractual rights for the private entity.
The alternative of continued GDU ownership is suspect due to the financial condition of the
parent company, General Development Corporation (GDC), which owns GDU. The future of
utilities within the GDC structure is not favorable, based on preliminary information from the
HES/ch
R3/f/91-064.00/Secl 1-3
0
DO YOU WANT
TO INVESTIGATE
ACQUISITION?
YES
DO YOU WANT
TO INVESTIGATE
ACQUISITION?
ACQUISITION
OR
REGULATION
NO
• FRANCHISE FEE
• UTILITY TAX
• RIGHT OF WAY
UTILIZATION FEE
REGULATE
• ABANDONMENTS
• DEDICATIONS
APPROACH• TERM—FRANCHISES
///H • NEGOTIATED
• CONDEMNATION
NO I YES
BALL PAP.IC
SCENARIOS
I/APPROACH
INFRASTRUCTURE
DEDICATION
CONDUCT EVALUATION
SEE ACQUISITION FLOW CHART (Figure 1-1) • 180.301 F.S.
REGULATORY
+ PLANNING
FUNCTIONS
SYSTEM
RELIABILITY
MINIMUM
PERFORMANCE
REQUIREMENTS
• ORDINANCES/STANDARDS
• DESIGN SPEC.
• PERFORMANCE
• LAND USE
• ACCESS/INSPECTION
• EXTENSION POLICY
• SAMPLING/TESTING
• CONNECTIONS
• REPORTING
• UTILITY PERMITTING
I REGULATE I
HARTMAN & ASSOCIATES, INC. CITY OF SEBASTIAN, FLORIDA
engineers, hydrogeologists, scientists h management consultants UTILITY A Q U I S I T I O N/
"
SOUTHEAST BANK BUILDING REGULATION FLOW CHART
SUITE 1000 • 201 EAST PINE STREET • ORLANDO,FL 32801
TELEPHONE (407)039-3955 . FA% (407) 839-3790 Figure 1 — 1
GDC reorganization plan. The final reorganization plan must be filed with the courts by July
•. 31, 1991. Therefore, it is most likely that GDC may be ordered to divest itself of its utilities,
which includes the GDU - Sebastian Highlands Division. And finally, County ownership is
not advantageous to the City due to the potential economical and growth impacts that may
occur.
Therefore, the City of Sebastian is the best entity to acquire the GDU - Sebastian Highlands
Division assets of the water and wastewater facilities systems. The investigation of a utility
acquisition is fairly straight forward and is illustrated on Figure 1-2.
., The City has requested from GDU the opportunity for their consultants, HAI, to conduct an
engineer's evaluation of the water and wastewater systems. To date, no response from GDU
has been received; therefore, it can only be assumed that GDU will not cooperate with the
City. The next phase of the project should be to concurrently pursue the following:
° Negotiate with Indian River County to develop interlocal agreements for service
territory, wholesale service, cost-sharing of certain assets, the purchase of
certain County facilities, the method and transfer of customers within the City
to the City from the County, as well as those necessary documents that will
.. allow the City its right to provide water and wastewater service areas within the
City of Sebastian.
° Conduct system evaluation activities in a thorough manner completely
complying with Section 180.301 of the Florida Statutes (FS), and providing the
very best possible information and analyses for decision making purposes of the
Public Utilities Commission (PUC) and City Council.
Since Indian River County serves areas north and west, as well as areas within the City of
■* Sebastian, an agreement can be prepared to provide backup and/or additional supply between
the City and County systems, if necessary. With regards to Section 180.301 FS, any potential
acquisition of a private investor-owned utility is governed by this section, which states: "No
city may purchase or sell a water or sewer utility that provides service to the public for
compensation, until the governing body of the city has held a public hearing on the purchase
or sale and made a determination that the purchase or sale is in the public interest. In
HES/ch
"` R3///91-064.00/Seel 1-5
DOCUMEMAnON
FOR PURCHASE
INSURANCE CMTS
GIN EO 8Y OTHERS
• FINANCE PUN • AGREEMENT EMORS
• PURCHASE AGREEMENT • FINANC41 REPORT
• 180301 HEARING
• 180.]01 HEARING
• USER RATES
• RESOLU cws
• C TAL CHARGES
• oROWa m
• UOL STANOARDs
• SERER omq CES
• POLICIES PROCEDURE
• STD, D�OPERS AGREEMENT
MANUAL
_ PRNRRATM]N
NON- ND 188UE &
PROGRAMS
HARTMAN 8c ASSOCIATES, INC. UTILITY AQUISITION
engineers, hydrageologisls, scienlisU & management conaWlanIs
INVESTIGATION
SOUTHEAST BANK BUILDING
FLOW CHART
SUITE 1000 • EAST PINE STREET • ORLAND32801
TELEPHONEE ( (407)839-3955 •FAX (407) 839-39-3 790 Figure 1-2
M
determining if the purchase or sale is in the public interest, the city shall consider, at a
.. minimum, the following:
(1) the most recent available income and expense statement for the utility;
(2) the most recent available balance sheet for the utility, listing assets and
liabilities and clearly showing the amount of contributions -in -aid -of -construction
and the accumulated depreciation thereon;
(3) a statement of the existing rate base of the utility for regulatory purposes;
(4) the physical condition of the utility facilities being purchased or sold;
M
(5) the reasonableness of the purchase or sale price and terms;
M
(6) the impacts of the purchase or sale on utility customers, both positive and
negative;
F_�
(7) any additional investment required and the ability and willingness of the
.� purchaser to make that investment, whether the purchaser is the city or the
entity purchasing the utility from the city;
M
(8) the alternatives to the purchase or sale and the potential impact on utility
customers if the purchase or sale is not made;
(9) the ability of the purchaser to provide and maintain high-quality and cost-
effective utility service, whether the purchaser is the city or the entity
purchasing the utility from the city; and
(10) the city shall prepare a statement showing that the purchase or sale is in the
public interest, including a summary of the purchaser's experience in water and
sewer utility operations and a showing of financial ability to provide the service,
whether the purchaser is the city or the entity purchasing the utility from the
city."
AES/ch
R3///91-064.00/Secl 1-7
r,
After completing the 180.301 FS requirements, the remaining activities as presented on the
flow chart will be conducted. These activities become the responsibilities of the various utility
acquisition team members.
�-
M
M
HES/ch
•. R3/1191-064.00/Secl 1-8
F�
SECTION 2
EXISTING FACILITIES
2.1 SERVICE AREA
^
HAI has analyzed the current franchise areas and surrounding utility service areas. The
^
existing franchise area consists of all lands within the incorporated limits of the City of
Sebastian, excluding the areas in which the City has previously granted franchises to furnish
water or sewer service. Illustrated in Figure 2-1 is the existing GDU franchise area along with
other facilities that either border the City of Sebastian or have franchise agreements within the
City's incorporated limits. The service area encompasses approximately 13.5 square miles.
As illustrated in Figure 2-1, there are four (4) franchise areas that were granted by the City
within its incorporated limits. These four (4) water and wastewater franchise areas are:
General Development Utilities
Indian River County
Lake Delores Utilities
Sebastian Lakes Utility Company
^ 2.2 POTABLE WATER FACILITIES
M Central potable water service for the City of Sebastian is provided by GDU, which presently
holds a franchise agreement for a majority of the City, with the exception of the Lake Delores
., and Sebastian Lakes service areas. The GDU water utility system provides potable water to its
customers from a water treatment plant (WTP) located on Filbert Street. The location of.the
GDU - Sebastian Highlands WTP is illustrated in Figure 2-2, and illustrated in Figure 2-3 is
the existing service areas of the GDU - Sebastian Highlands WTP. The existing service area
for the Sebastian Highlands WTP includes units 7, 9, 12, 14, 15 and portions of units 8, 10,
11, 16 and 17.
The original WTP for this area was located on Manly Avenue and was constructed in the
1970's. This WTP consisted of 6 -inch and 8 -inch artesian wells (both abandoned in 1988), a
ground storage tank and a high service pump building. In 1982, the original WTP on Manly
HES/ch
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45TH ST.
'WABASSO
EXISTING GDU POTABLE WATER
HARTMAN & ASSOCIATES, INC.
engineers. 6ydmgeologists, scientists & management m=dtants
SERVICE AREA
I
SOUTHEAST BANK BUILDING
SUITE 1000 •201 EAST PINE STREET • ORLANDO,FL 32801
Figure 2-3
y
TELEPHONE (407)839-3955 . FAX (407) 839-3790
M
M
Street was abandoned and the existing facility was constructed on Filbert Street. The primary
modes of water treatment include aeration, lime softening, filtration and disinfection.
Raw water supply for this facility is pumped from two (2) shallow wells that are located on the
Sebastian Highlands WTP site. Raw water supply well no. 1 is located near the intersection of
Filbert Street and Joy Haven, and well no. 2 is located near the intersection of Filbert Street
and Landover Drive. Each well is 10 inches in diameter and approximately 100 feet deep and
equipped with a vertical turbine pump, each with a capacity of 600 gallons per minute (gpm).
Summarized in Table 2-1 are the design parameters for each well.
As the raw water enters the WTP, alum can be added prior to and/or after the natural draft
tube/cascade aerator for improved water softening. The natural draft tube/cascade type aerator
is utilized for hydrogen sulfide removal. The cascade type aerator consists of four (4) trays
and has a maximum capacity of 1,800 gpm. From the cascade aerator, the raw water flows to
the solids contact precipitator. Lime, sodium aluminate, polymer and alum are added to
influent of the precipitator to reduce the hardness in the raw water, as well as enhance the
settling characteristics of the solids produced. The precipitator was manufactured by Permuttit
,. and is 40 feet long by 12 feet wide, with a sidewater depth of approximately 9 feet. The
precipitator was designed around a detention time of 70 minutes and an overflow rate of
_ approximately 1.0 gallons per minute per square foot (gpm/sf) at average daily flow. The
capacity of the precipitator is rated at 466 gpm or approximately 671,000 gallons per day
(gpd). Sludge from the precipitator is pumped to the sludge lagoon. In addition, supernatent
from the sludge lagoon is pumped back to the precipitator and combined with the raw water to
be treated, which then discharges into the influent to the precipitator.
From the precipitator, the treated water flows by gravity to two (2) out of the three (3) gravity
sand filters to remove the solids. One (1) filter is always used as a standby unit. Each filter is
12 feet in diameter with a media (gravel and sand) depth of 30 inches. Each filter has a
.. capacity of 233 gpm and a hydraulic loading rate of approximately 2.06 gpm/sf. From the
sand filters, the filtered water flows by gravity to a clearwell and is subsequently pumped to
the 0.5 million gallon (MG) prestressed concrete ground storage tank, utilizing the transfer
pumps located at the clearwell. Each transfer pump has a capacity of 700 gpm. Filter
backwash is accomplished utilizing a 1,700 gpm centrifugal pump which obtains water for
backwashing from the 0.5 MG ground storage tank. From the filters, the backwash water
HES/ch
R3/91-064.00/Section2 2-5
HES/ch/kb
R3/91-064.00/TABLE2-1 2-6
TABLE 2-1
SEBASTION HIGHLANDS WATER TREATMENT PLANT
RAW WATER SUPPLY WELLS
Raw Water Supply
Raw Water Supply
Parameter
Well No. 1
Well No. 2
Depth drilled, feet
100
101
_ Outside casing length, feet
65
65
Outside casing diameter,
10
10
inches
Outside casing material
Black steel
Black steel
Normal suction lift, feet
23.7
18.0
Normal yield, gpm
580
550
Test yield, gpm
665
605
Pump type
Vertical turbine
Vertical turbine
Motor size, hp
25
15
Pump capacity, gpm
600
600
Protection from surface
water
Yes
Yes
Inundation of well possible
No
No
Year drilled
1981
1981
HES/ch/kb
R3/91-064.00/TABLE2-1 2-6
M
flows by gravity to the sludge lagoon, which is subsequently pumped back to the precipitator
for treatment.
Chlorine is added at three (3) points in the water treatment process. The three (3) chlorine
addition points include:
° Gravity filter influent.
° Ground storage tank influent.
Discharge to the distribution system.
The treated water is then pumped from the ground storage tank to a 5,000 -gallon
hydropneumatic tank and then to the distribution system utilizing the high service pumps.
There are three (3) high service pumps with the following capacities: 250 gpm, 400 gpm and
600 gpm.
The raw water pumped to the WTP is monitored utilizing a 4 -inch turbine meter located on the
influent line to the precipitator. The potable water is monitored utilizing either of the two (2)
turbine meters (6 -inch and 12 -inch) that are located on the high service pumps' discharge line.
Illustrated in Figure 2-4 is a process flow schematic of the treatment process at the Sebastian
Highlands WTP. Summarized in Table 2-2 is the equipment, to the best of our knowledge,
which is installed at the WTP. Once GDU permits HAI to conduct a site visit to determine the
equipment on-line and its condition, a more detailed analysis can be conducted.
No information can be provided regarding the potable water distribution system since GDU did
not permit HAI to investigate the system. However, HAI did have access to a GDU system
.. map entitled "WATER Overall Map Sebastian Highlands Indian River County", dated
December, 1988, and a letter from Mr. Jack Reece (GDU Operations Manager) to Mr. Joseph
.. M. McNamara (Florida Department of Environmental Regulation), dated July 14, 1989. A
review of both these documents provided the following information regarding the Sebastian
Highlands water distribution system:
Material of water mains: Ductile iron, polyvinyl chloride and transite.
v Maximum pipe diameter: 16 inches.
Minimum pipe diameter: 2 inches.
HES/ch
R3/91-064.00/Section2 2-7
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*_q
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"O m CONTROL UILDING H SERVICE
X QJPUMP
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a 0 SYSTEM
70 N
a
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ALUM
LIME LIME
SILO
Y Cl2
FLOWMETER
SUPERNATANT
SLUDGE LAGOON
SOLIDS
SUPERNATANT
CONTACT
RETURN PUMP
'ECIPITATOR
STATION
3
C12
CLEARWELL AND
FILTER FILTER
TRANSFER
PUMPS
TO SLUDGE
LAGOONS
BACKWASH
PUMP
Cl2
GROUND
STORAGE
TANK
M
TABLE 2-2
., SEBASTTAN HIGHLANDS WATER TREATMENT PLANT
EXISTING EQUIPMENT
HES/ch
RY91-06:.00/Table2-2 2-9
I. Raw water supply wells
A.
Number: Two (2)
B.
Depth
1. Well no. 1:
100 feet
2. Well no. 2:
101 feet
C.
Casing depth
,.
1. Well no. 1:
65 feet
2. Well no. 2:
65 feet
D.
Casing diameter
1. Well no. 1:
10 inches
'
2. Well no. 2:
10 inches
E.
Test yield
1. Well no. 1:
665 gpm
2. Well no. 2:
605 gpm
F.
Normal yield
1. Well no. 1:
580 gpm
2. Well no. 2:
550 gpm
G.
Well pumps
1. Type: Vertical turbine
2. Motor size
a. Well
no. 1: 25 hp
b. Well
no. 2: 15 hp
HES/ch
RY91-06:.00/Table2-2 2-9
on
TABLE 2-2 (Continued)
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
EXISTING EQUIPMENT
3. Capacity
a. Well no. 1: 600 gpm
b. Well no. 2: 600 gpm
II. Aerator
A.
Type: Cascade
B.
Number of units: One (1)
C.
Number of trays: Four (4)
.,
D.
Maximum design capacity: 1,800 gpm
E.
Head loss through unit: 5 feet - 4 inches
III. Lime softening unit
A.
Type: Permutit Precipitator Hull No. 11
B.
Number of units: One (1)
C.
Dimensions
1. Length: 40 feet
2. Width: 12 feet
3. Sidewater depth: 9 feet
D.
Capacity: 32,500 gallons
E.
Detention time: 70 minutes
F.
Overflow rate: 1.0 gpm/sf
G.
Mechanical agitator
1. Blade size: 3 feet - 3 inches
2. Motor size and type: 1 hp/variable
H.
Inlet size: 12 inches
J.
Discharge size: 12 inches
IV. Filtration
A.
Type: Permutit gravity filter
B.
Number: Three (3)
HES/ch
83/91-W.00/Table2-2 2-10
TABLE 2-2 (Continued)
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
EXISTING EQUIPMENT
C.
Capacity: 233 gpm (each)
D.
Length of filter runs: 40 hours
C.
Backwash rate: 20 gpm
D.
Hydraulic loading rate: 2.06 gpm/sf
E.
Depth of media
1. Gravel: 6 inches
2. Sand: 24 inches
F.
Clearwell volume: 4,460 gallons
,.
G.
Backwash pump
1. Number: One (1)
2. Type: Centrifugal
3. Capacity: 2,200 gpm
4. Motor size: 50 hp
V. Transfer pumps
A.
Number: Two (2)
B.
Type: Centrifugal
C.
Capacity: 700 gpm (each)
D.
Motor size: 10 hp
.,
VI. High
service pumps
A.
Number: Three (3)
B.
Type: Centrifugal
C.
Capacities
1. High service pump no. 1:
250 gpm
2. High service pump no. 2:
400 gpm
3. High service pump no. 3:
600 gpm
D.
Motor sizes
1. High service pump no. 1:
10 hp
2. High service pump no. 2:
30 hp
HES/ch
83/91-064.00/Table2-2 2-11
M
TABLE 2-2 (Continued)
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
EXISTING EQUIPMENT
HES/ch
83/91-W.00/Table2-2 2-12
3. High service pump no. 3: 40 hp
VII. Ground storage tank
A.
Number: One (1)
B.
Type: Prestressed concrete
C.
Volume: 500,000 gallons
VIII. Hydropneumatic tank
A.
Number: One (1)
B.
Type: Steel
- C.
Volume: 6,000 gallons
D.
Operating pressures
1. On: 42 psi
2. Off: 62 psi
IX. Chemical feed systems
A.
Chlorine
1. Number: Three (3)
2. Type: Gas chlorinators
3. Capacity: 100/50 (each)
4. Feed locations
a. Filter influent
b. Ground storage tank influent
C. High service pump discharge
B.
Lime (system specifics unknown)
C.
Alum (system specifics unknown)
D.
Sodium aluminunate (system specifics unknown)
HES/ch
83/91-W.00/Table2-2 2-12
° Number of dead ends: 12.
Number of fire hydrants: 35.
Blow -off lines below grade: None.
° System flushing: Seven (7) blow -off lines are installed with a total of 6,000
gpd flushed. Fire hydrants flushed two (2) to three (3) times per year.
.. The raw water quality that is pumped to the Sebastian Highlands WTP is considered good,
based on data obtained from the Florida Department of Environmental Regulation (FDER) and
the Indian River County Health Department (IRCHD). Summarized in Table 2-3 are the raw
water characteristics that were obtained from the FDER monthly operating reports (MOR). Of
the data analyzed, the two (2) raw water supply wells did not violate any of the water quality
standards that were in effect at the time of sampling. Summarized in Table 2-4 is the only raw
water quality information that was available, other than the information provided in the FDER
MOR's. However, it should be noted that GDU has been cited on numerous occasions for
failure to monitor the raw water quality, as well as other monitoring requirements (i.e.,
monthly microbiological, sodium, corrosivity, etc.). Moreover, GDU was cited on July 11,
1989, for failure to monitor the drinking water supply in accordance with Chapter 17-550,
Drinking Water Standards, Monitoring and Reporting, of the Florida Administrative Code
(FAC).
The FDER MOR data indicates that the raw water that is treated at the Sebastian Highlands
WTP is defined as hard in nature, averaging 251 milligrams per liter (mg/1) as CaCO3 since
September, 1988, and has ranged from 160 to 296 mg/l as CaCO3. Since September, 1988,
the raw water pumped to the Sebastian Highlands WTP ranged from 162,000 gpd (March,
1989) to 575,000 gpd (June, 1989), and averaged 297,300 gpd. The maximum day to average
day ratio since September, 1988, has ranged from 1.14 to 1.7 1, and averaged 1.28. Illustrated
,. in Figure 2-5 are the average, maximum and minimum daily raw water pumping data to the
Sebastian Highlands WTP since September, 1988.
Tables 2-5, 2-6 and 2-7 summarize the operating data for Sebastian Highlands WTP. As
indicated in Table 2-5, the finished water provided to the customers by the Sebastian
Highlands WTP considered good quality product. However, there have been some complaints
from customers regarding the finished water quality. On October 15, 1990, the IRCHD
received a complaint from a resident of Sebastian Highlands. On October 16, 1990, the
.,
HES/ch
.. R3/91-064.00/Section2 2-13
TABLE 2-3
SEBASTIAN HIGHLANDS WATER TREATMENT
PLANT
RAW WATER CHARACTERISTICS
Total Hardness
Raw Water (MGD)
(mg/l
of CaCO3)
12H
Month/Year
Max,
Ave.
Minim
Max.
Ave•
Min.
Max
Avg •
Min
September, 1988
0.333
0.264
0.209
268
247
236
7.3
7.3
7.2
October, 1988
0.326
0.284
0.239
264
247
236
7.5
7.3
7.2
November, 1988
0.329
0.262
0.203
264
247
232
7.5
7.3
7.2
December, 1988
0.302
0.232
0.193
268
248
236
7.5
7.3
7.2
January, 1989
0.309
0.266
0.214
264
251
236
7.4
7.3
7.1
February, 1989
0.356
0.296
0.240
256
247
236
7.3
7.2
7.2
March, 1989
0.347
0.289
0.162
256
245
236
7.3
7.3
7.2
April, 1989
0.413
0.313
0.251
264
248
236
7.4
7.3
7.1
May, 1989
0.406
0.331
0.251
258
250
236
7.3
7.2
7.2
June, 1989
0.575
0.337
0.243
264
251
236
7.4
7.3
7.2
July, 1989
0.510
0.327
0.242
260
246
236
7.4
7.3
7.2
August, 1989
0.384
0.275
0.217
264
249
240
7.5
7.3
7.2
September, 1989
0.311
0.255
0.220
268
252
240
7.4
7.3
7.2
October, 1989
0.312
0.262
0.210
288
259
240
7.3
7.2
7.1
November, 1989
0.348
0.285
0.241
280
263
252
7.5
7.2
7.1
December, 1989
0.424
0.287
0.193
280
257
236
7.5
7.2
7.0
January, 1990
0.340
0.284
0.245
264
245
160
7.1
6.9
6.8
February, 1990
0.368
0.300
0.228
260
241
220
7.2
7.0
6.8
HES/ch
R3/91-064.00/Tble2-raw
2-14
(1) Data not available.
HES/ch
R3/91-064.00/Tble2-raw 2-15
TABLE 2-3 (Continued)
SEBASTIAN
HIGHLANDS WATER TREATMENT
PLANT
RAW WATER CHARACTERISTICS
Total Hardness
Raw Water (MGD)
(mg/1
as CaCO3)
pH
Month/Year
Max
Ave•
Min.
Max,
AVE•
Min
Max
Ave.
Min
March, 1990
0.408
0.309
0.236
260
250
224
7.2
7.1
6.9
April, 1990
0.480
0.356
0.274
252
237
200
7.2
7.0
6.8
May, 1990
0.495
0.379
0.209
264
251
204
7.2
7.1
7.1
June, 1990
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
July, 1990
0.362
0.282
0.180
256
248
228
7.2
7.0
6.8
August, 1990
0.363
0.285
0.220
264
247
228
7.3
7.1
6.9
September, 1990
0.348
0.298
0.240
264
255
240
7.3
7.2
6.9
October, 1990
0.360
0.284
0.223
276
256
248
7.3
7.2
7.2
November, 1990
0.357
0.312
0.257
268
260
256
7.3
7.3
7.2
December, 1990
0.385
0.324
0.265
268
261
256
7.4
7.2
7.2
January, 1991
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
February, 1991
0.386
0.334
0.285
296
262
252
7.3
7.2
7.2
March, 1991
0.401
0.310
0.228
268
259
248
7.5
7.2
7.1
(1) Data not available.
HES/ch
R3/91-064.00/Tble2-raw 2-15
^
TABLE 2-4
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
INORGANIC AND ORGANIC CHARACTERISTICS OF THE
RAW WATER SUPPLYU)
Contaminant
Well No. 1
Well No. 2
Arsenic, mg/l
<0.01
<0.01
Barium, mg/1
<0.10
<0.10
Cadmium, mg/1
<0.005
<0.005
Chromium, mg/1
<0.01
<0.01
Lead, mg/1
<0.01
<0.01
Mercury, mg/1
<0.0005
<0.0005
Selenium, mg/l
<0.005
<0.005
Silver, mg/1
<0.01
<0.01
Fluoride, mg/1
0.171
0.172
Turbidity, NTU
0.4
0.6
Nitrate -Nitrogen, mg/l as N
0.25
0.19
Endrin, mg/1
<0.0001
<0.0001
Lindane, mg/1
<0.001
<0.001
Mexoxychlor, mg/l
<0.01
<0.01
Toxaphene, mg/1
<0.001
<0.001
2, 4-D, mg/1
<0.01
<0.01
2, 4, 5 - TP (Silvex), mg/1
<0.001
<0.001
Notes:
(1) Sampling date: May 1,
1984.
HES/ch
R3/91-064.00/Table2-4 2-16
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U3dvgnd 831VM MV8 1,IIVU
DAILY RAW
WATER PUMPED TO
HARTMAN & ASSOCIATES, INC.
engineers, hydrageologisLs, scientists k management consultants
SEBASTIAN HIGHLANDS WTP
SOUTHEAST BANK BUILDING
SUITE 1000 • 201 EAST PINE STREET • ORLANDO,FL 32801
Figure
2-5
TELEPHONE (407)839-3955• PAX (407) 839-3790
TABLE 2-5
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
FINISHED WATER CHARACTERISTICS(l, 2)
Finished Water (MGD)
Month/Year Max. AVE. M
September, 1988 0.333 0.264 0.209
October, 1988
0.312
0.261
0.200
November, 1988
0.302
0.240
0.188
December, 1988
0.238
0.207
0.185
January, 1989
0.270
0.240
0.202
February, 1989
0.316
0.217
0.201
March, 1989
0.321
0.270
0.205
April, 1989
0.372
0.296
0.208
May, 1989
0.390
0.309
0.228
June, 1989
0.512
0.312
0.224
July, 1989
0.438
0.311
0.216
August, 1989
0.368
0.258
0.206
September, 1989
0.307
0.238
0.198
October, 1989
0.288
0.244
0.207
November, 1989
0.347
0.257
0.203
December, 1989
0.481
0.267
0.194
January, 1990
0.303
0.270
0.233
February, 1990
0.354
0.285
0.240
HES/ch
R3/91-064.00/Table2.Fin
Total Hardness
(mg/l
CaCO3)
Residual C12(mg/L)
Turbidity (NTU)
pH
Max.
Avg •
Min.
Max
Ave.
Min.
Max.
Avg •
Min.
Maxi
Avg •
Min.
196
180
172
3.3
3.3
3.2
0.5
0.3
0.2
7.8
7.7
7.5
184
180
176
3.3
3.1
2.4
0.4
0.3
0.2
7.8
7.7
7.6
232
185
176
3.3
3.2
3.1
0.3
0.2
0.2
7.8
7.7
7.6
188
182
176
3.3
3.2
3.2
0.4
0.3
0.3
7.8
7.7
7.5
200
184
176
3.3
3.3
2.2
0.3
0.2
0.2
7.8
7.7
7.6
192
181
176
3.3
3.2
2.5
0.2
0.2
0.1
7.8
7.7
7.6
188
180
176
3.3
3.2
3.1
0.6
0.2
0.1
7.7
7.7
7.6
184
178
172
3.3
3.2
3.0
0.2
0.1
0.1
7.7
7.7
7.6
192
180
176
3.2
3.2
3.2
0.2
0.1
0.1
7.7
7.7
7.7
188
180
176
3.2
3.2
2.8
0.3
0.1
0.1
7.7
7.7
7.7
184
179
176
3.3
3.1
1.7
0.2
0.1
0.1
7.8
7.8
7.7
248
187
176
3.2
3.2
3.1
0.4
0.2
0.1
7.9
7.8
7.7
212
188
176
3.3
3.2
3.1
0.3
0.2
0.2
7.8
7.7
7.7
228
194
180
3.5
3.3
3.2
0.3
0.2
0.1
7.7
7.5
7.3
220
197
180
3.5
3.5
3.1
0.3
0.1
0.1
7.8
7.6
7.4
252
209
184
3.5
3.4
2.2
0.3
0.2
0.1
7.8
7.5
7.3
220
196
152
3.5
3.5
3.1
0.3
0.3
0.1
7.5
7.3
7.1
220
192
172
3.5
3.5
3.5
0.3
0.2
0.1
7.5
7.3
7.1
2-18
I ) ) 1 1 1 1 1 ➢ 1 1 I 1 1 1 1 ) 1
TABLE 2-5 (Continued)
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
FINISHED WATER CHARACTERISTICSU1 2)
Total Hardness
Finished Water (MGD) (mg/l CaCO3) Residual C12(mg/L) Turbidity (NTU) pH
Month/Year Max. Avg • Min. Max. Avg • Min. Max Avg • Min Max Avg • Min Max Avg, Min
March, 1990
0.388
0.309
0.236
224
200
176
3.5
3.4
2.7
0.2
0.2
0.1
7.5
7.4
7.2
April, 1990
0.466
0.341
0.256
200
182
172
3.5
3.4
2.9
0.2
0.1
0.1
7.5
7.3
7.1
May, 1990
0.461
0.362
0.243
244
191
168
3.5
3.2
1.7
0.2
0.1
0.1
7.6
7.5
7.4
June, 1990
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
July, 1990
0.360
0.273
0.214
196
181
152
3.5
3.5
3.5
0.2
0.1
0.1
7.4
7.3
7.1
August, 1990
0.331
0.270
0.222
216
191
168
3.5
3.5
3.0
0.2
0.1
0.1
7.5
7.4
7.2
September, 1990
0.322
0.282
0.221
208
193
184
3.5
3.5
3.5
0.1
0.1
0.1
7.5
7.4
7.3
October, 1990
0.311
0.268
0.238
228
193
188
3.5
3.5
3.5
0.2
0.1
0.1
7.6
7.5
7.4
November, 1990
0.355
0.292
0.260
220
197
192
3.5
3.5
3.5
0.2
0.1
0.1
7.7
7.6
7.6
December, 1990
0.348
0.310
0.266
204
192
184
3.5
3.5
3.5
0.2
0.1
0.1
7.7
7.5
7.5
January, 1991
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
February, 1991
0.407
0.305
0.261
204
193
184
3.5
3.5
3.5
0.2
0.1
0.1
7.7
7.6
7.5
March, 1991
0.364
0.291
0.247
212
188
176
3.5
3.5
3.5
0.2
0.1
0.1
7.7
7.6
7.5
Notes:
(1) Data obtained from Florida Department of Environmental Regulation Monthly Operating Reports.
(2) Color has been consistently recorded to be 0.0 CPU.
(3) Data Not Available.
HES/ch
R3/91-064.00/Table2.Fin 2-19
m
m
TABLE 2-6
SEBASTIAN ffiGLANDS WATER TREATMENT PLANT
FLOW DATA AND FACTORS (1,2)
Month
Total
Month
Flow
GD
Average
Day
Flow
(MGD)
Max.
Day
Flow
GD
MDF/
AADF
ADF/
AADF
MDF/
AADF
September, 1988
7.925
0.264
0.333
1.26
1.02
1.29
October, 1988
8.105
0.261
0.312
1.20
1.01
1.20
November, 1988
7.207
0.240
0.302
1.26
0.93
1.17
December, 1988
6.422
0.238
0.270
1.13
0.92
1.04
1988 Average
7.415
0.259
0.296
1.21
1.00
1.18
January, 1989
7.455
0.240
0.270
1.13
0.88
0.99
February, 1989
7.599
0.271
0.316
1.17
0.99
1.16
March, 1989
8.365
0.270
0.321
1.19
0.99
1.18
April, 1989
8.873
0.296
0.372
1.26
1.08
1.36
May, 1989
9.574
0.309
0.390
1.26
1.13
1.43
June, 1989
9.358
0.312
0.512
1.64
1.14
1.88
July, 1989
9.633
0.311
0.438
1.41
1.14
1.60
August, 1989
8.011
0.258
0.368
1.43
0.95
1.35
September, 1989
7.152
0.238
0.307
1.29
0.87
1.12
October, 1989
7.576
0.244
0.288
1.18
0.89
1.05
November, 1989
7.707
0.257
0.347
1.35
0.94
1.27
December, 1989
8.281
0.267
0.481
1.80
0.98
1.76
1989 Average
8.299
0.273
0.388
1.32
1.00
1.34
January, 1990
8.381
0.270
0.303
1.12
0.91
1.02
February, 1990
8.051
0.288
0.354
1.23
0.97
1.19
March, 1990
9.573
0.309
0.388
1.26
1.04
1.31
April, 1990
10.241
0.341
0.466
1.37
1.15
1.57
May, 1990
11.213
0.362
0.461
1.27
1.22
1.55
June, 1990
3
(3)
(3)
3
(3)
(3)
July, 1990
8.462
0.270
0.360
1.32
0.92
1.21
August, 1990
8.355
0.282
0.331
1.23
0.91
1.11
September, 1990
8.445
0.288
0.322
1.14
0.95
1.08
October, 1990
8.298
0.258
0.311
1.16
0.90
1.05
November, 1990
8.763
0.292
0.335
1.15
0.98
1.13
December, 1990
9.613
0.310
0.348
1.12
1.04
1.17
1990 Average
9.036
0.297
0.362
1.22
1.00
1.22
HES/ch/mg
83/91-064.00/Table2-6 2-20
TABLE 2-6 (Continued)
SEBASTIAN HIGLANDS WATER TREATMENT PLANT
FLOW DATA AND FACTORS (1,2)
Total
Month
Flow
Month GD
Average
Day
Flow
GD
Max.
Day
Flow
GD
MDF/
AADF
ADF/ MDF/
AADF AADF
January, 1991 3
3
(3)
3)
(3) .(3
February, 1991 8.528
0.305
0.407
1.33
1.02 1.37
March, 1991 9.028
0.291
0.364
1.25
0.98 1.22
1991 Average 8.778
0.298
0.386
1.29
1.00 1.30
Notes:
(1) Data from FDER Monthly Operating Reports.
.. (2) ADF: Average Daily Flow.
AADF: Annual Average Daily Flow.
MDF: Maximum Daily Flow.
(3) No Data available.
HES/ch/mg
R3/91-064.00/Table2-6 2-21
TABLE 2-7
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
CHEMICAL USAGEM
Lime (lbs/day)
Alum (lbs/day)
Polymer (lbs/day)(2)
Chlorine (lbs/day)
Month/Year
Max.
AVE.
Mid
Max.
Avg.
Min.
Max Ave. Min.
Max,
Avg,
Min.
September, 1988
197
146
85
10.0
7.0
4.0
-- --
35
21
12
October, 1988
185
148
120
8.0
7.0
6.0
- -- --
30
21
10
November, 1988
162
134
0
9.0
7.0
0.0
-
32
20
14
December, 1988
149
114
82
7.0
6.0
5.0
--
31
19
11
January, 1989
166
139
124
8.0
6.0
2.0
24
18
13
February, 1989
171
142
60
8.0
6.0
5.0
-
28
21
12
March, 1989
200
154
75
7.0
6.0
2.0
- -
30
22
16
April, 1989
234
170
129
9.0
6.4
4.0
-- --
34
23
15
May, 1989
206
164
111
10.5
6.6
4.0
--
35
26
18
June, 1989
298
171
110
12.0
6.2
4.0
--
47
25
17
July, 1989
234
161
98
12.0
7.1
3.5
-- --
45
26
12
August, 1989
185
134
57
11.0
6.2
2.5
35
23
15
September, 1989
176
127
105
9.5
5.4
4.0
- - -
25
20
12
October, 1989
163
137
112
7.0
4.0
3.0
- - -
29
22
14
November, 1989
253
160
55
24.0
11.5
2.5
--
30
22
12
December, 1989
235
144
19
26.0
17.0
11.0
-- -
28
22
13
January, 1990
197
125
37
26.0
20.0
5.0
-- -- --
28
23
18
February, 1990
150
112
13
38.0
21.0
5.0
12.1 9.7 3.9
30
24
17
HES/ch
R3/91-064.00/Table2. Chm
2-22
TABLE 2-7 (Continued)
SEBASTIAN HIGHLANDS WATER TREATMENT PLANT
CHEMICAL USAGE(1)
Lime (lbs/day) Alum (lbs/day) Polymer (lbs/da4(2) Chlorine (lbs/day)
Month/Year Max. AVE. Min. Max. Ave. Min. Max Avg. Min
Max. AyL
March, 1990
181
121
59
29.0 20.0 13.0 13.0
11.3
7.7
31
24
16
April, 1990
288
153
84
-- -- -- 15.2
11.5
6.4
38
29
21
May, 1990
285
206
149
-- -- -- 16.6
14.4
10.0
46
32
19
June, 1990
(3)
(3)
(3)
(3) (3) (3) (3)
(3)
(3)
(3)
(3)
(3)
July, 1990
185
145
94
-- -- -- 12.4
9.7
6.3
35
24
18
August, 1990
209
139
78
- 12.4
9.4
4.7
30
24
18
September, 1990
195
155
115
- - - 12.1
10.0
7.8
29
22
16
October, 1990
167
133
91
-- -- -- 11.0
9.6
7.8
24
22
17
November, 1990
165
122
40
-- - -- 11.9
9.3
3.5
25
24
21
December, 1990
205
166
111
-- -- -- 12.0
10.1
7.2
31
26
22
January, 1991
(3)
(3)
(3)
(3) (3) (3) (3)
(3)
(3)
(3)
(3)
(3)
February, 1991
219
162
130
-- -- -- 12.1
10.4
8.6
33
26
21
March, 1991
245
167
107
-- -- -- 13.9
10.6
7.8
30
25
21
Notes:
(1) Data from FDER Monthly Operating Reports.
(2) Polymer replaced alum on 3/19/90.
(3) Data not available.
HES/ch
R3/91-064.00/Table2. Chm 2-23
^
IRCHD investigated the complaint. As a result of this complaint, samples were taken for
bacteria, copper, chlorine residual and total trihalomethanes (TTHM). As a result, the
samples analyzed for microbiological parameters indicated that the taps inside the residence
exceeded the requirements in Chapter 17-550.310 of the FAC, and the outside tap did not
violate this standard. The copper concentration exceeded the maximum contaminant level
(MCL) set by Chapter 17-550.320 and was reported to be 0.17 mg/1 at the kitchen sink and
3.15 mg/1 in the bathroom. Finally, the TTHM concentration violated the MCL level set by
Chapter 17-550.310 of the FAC, and was reported to be 0.343 mg/1 (outside residence) and
0.40 mg/1 (inside residence). The free chlozine concentrations of all samples resulted in a
level of greater than 1.0 mg/1. These problems are not alarming, since GDU, to the best of
our knowledge, does not practice TTHM control (ammoniation), the copper problems could be
a result of improper operation of the WTP (i.e., pH low), and the bacteria concentrations
appear to be a problem resulting from within the house rather than from the system.
^ However, all three (3) problems can be eliminated fairly simply at a low cost by instituting a
TTHM control program and operation modifications at the WTP, and increased flushing of
problem areas with a high chlorine solution.
The Sebastian Highlands WTP pumped approximately 286,900 gpd on an average basis since
September, 1988, and the finished water demand ranged from 185,000 gpd to 512,000 gpd.
The average daily demand and peak day demand for finished water since September, 1988, is
^
illustrated in Figure 2-6. The maximum day to average day ratio ranged from 1.12 to 1.80
and averaged 1.26 over the period investigated, as previously indicated in Table 2-6. The
" average finished water hardness averaged 185 mg/l as CaCO3 and ranged from 178 to 209
mg/l as CaCO3. Therefore, the treatment process removes approximately only 26.3 percent of
•� the hardness from the raw water. However, it should be noted that this type of water
treatment process should be capable of reducing the raw water hardness to a concentration of
less than 100 mg/1 as CaCO3.
_ The chemical usage data was previously provided in Table 2-7, which summarizes the
maximum and average day usage of alum, lime, polymer and chlorine. In summary, the lime
usage at the Sebastian Highlands WTP averaged 147 pounds per day (lbs./day) and ranged
^ from 0 lbs./day to 298 lbs./day since September, 1988. The usage of alum was discontinued
in March, 1990, and replaced with a polymer. Since March, 1990, the polymer usage ranged
from 3.5 to 16.6 lbs./day and averaged approximately 10.6 lbs./day. The chlorine usage has
remained relatively constant, averaging 23.3 lbs./day and ranging from 10 to 47 lbs./day.
HES/ch
^
83/91-064.00/Section2 2-24
O p O O 0 O O 0
O O O O
N O N p ,(j N
N C n O N N n
M M N
(Udo)
SUNVN30 H31VM AIIVU
HARTMAN Sr ASSOCIATES, INC. SEBASTIAN HIGHLANDS WTP
j, engineers, hydrogealagists, scientists & management consultants
w , DAILY FINISHED WATER DEMAND
SOUTHEAST BANK BUILDING
o I SUITE 1000.201 EAST PINE STREET- ORL4NOO,FL 32801 Figure 2-6
TELEPHONE (407)039-3955- FAX (407) 839-3790
As can be seen from the data provided in the FDER MOR's, the raw and finished water
demands remained relatively constant. However, this information is somewhat deceiving since
only two (2) years could be analyzed. Common months (February, March, September,
October, November and December) from each of the four years of data were analyzed and it
was concluded that the water demand increased approximately 5.5 to 6.0 percent annually
from 1988 to the present.
2.3 WASTEWATER TREATMENT FACILITIES
The Sebastian Highlands wastewater treatment plant (WWTP) is located at the west end of the
_ Baily Drive extension, as illustrated on Figure 2-7. The City of Sebastian is served by GDU
under an exclusive franchise agreement. Currently, the wastewater service is provided to
relatively few customers, which comprises the population in units 9, 16 and 17 of the
development. Illustrated in Figure 2-8 is the current wastewater service area of the Sebastian
Highlands WWTP.
As was the case with the water system, very little information is available regarding the
., wastewater system since HAI was prohibited by GDU from inspecting the system. The
WWTP is permitted as an extended aeration activated sludge process. Illustrated in Figure 2-9
a.
is the hydraulic profile and process flow schematic of the WWTP. The wastewater is pumped
to the WWTP and discharged into the two (2) aeration basins. Each aeration basin has an
effective treatment volume of approximately 150,000 gallons. Based on a review of the
available data regarding the WWTP, the aeration basins appear to be designed around a solids
retention time (SRT) of 14 days and an oxygen requirement of 1.15 pounds of oxygen (02) per
pound of biochemical oxygen demand (BOD) removed, and 4.6 lbs. 02/lbs. nitrogen removed.
., From the aeration basins, the mixed liquor suspended solids (MLSS) flows by gravity to a
secondary clarifier that has a surface area of approximately 586.5 square feet (sf). The
., average surface loading rate for the clarifier is approximately 512 gpd/sf, which is considered
excessive for an extended aeration process. Typically, the surface loading rates for extended
aeration processes are generally in the range of 300 to 400 gpd/sf. Although the surface
loading rate is considered high, during the past 14 months the influent averaged approximately
110,000 gpd and the peak day flow averaged approximately 136,000 gpd. Therefore, on an
average daily basis during the past 14 months, the surface loading rate averaged approximately
HES/ch
,� R3/91-064.00/Section2 2-26
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SUITE 1000 • 201 EAST PINE STREET • ORLANDO,FL 32001
TELEPHONE (407)039-3955• FAX (407) 839-3790
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WASTEWATER TREATMENT PLANT
HYDRAULIC PROFILE
Figure 2-9
190 gpd/sf, which is considered on the low side. The solids loading rate for the clarifier is
designed around 151bs./sf/day, which is considered adequate.
From the clarifier, the effluent flows by gravity to the chlorine contact basin where chlorine is
added for disinfection. The chlorine contact basin has an effective volume of 12,070 gallons
which equates to a detention time of approximately 58 minutes at average daily flow and
�* approximately 23 minutes at peak flow. From the chlorine contact basin, the chlorinated
effluent flows to one (1) of three (3) percolation ponds. The permitted capacity of the
percolation ponds is summarized below:
° Percolation ponds no. 1 and no. 2: 112,900 gpd.
Percolation pond no. 3: 29,100 gpd.
Based on the permitted capacity of the percolation ponds, the influent flow is limited to
142,000 gpd until sufficient effluent disposal sites are located.
The sludge is wasted directly from the clarifier to the aerobic digester for sludge stabilization.
The aerobic digester has an effective treatment volume of approximately 25,000 gallons. This
volume will result in a solids retention time (SRT) ranging from 9 to 14 days, depending on
the quantity of sludge wasted. The oxygen supplied to the aerobic digester for sludge
stabilization was reported to be 2 lbs. 02/lb. volatile solids (VS) destroyed. The aerobically
stabilized sludge is then pumped to the sludge sand drying beds for dewatering. Sludge
removed from the sand drying beds is landspread on-site. Based on the above information, it
appears that the sludge would be designated as a Class C sludge, which would limit the land
application sites.
Specific information regarding the wastewater collection system and the equipment could not
be accurately determined, since GDU prohibited HAI access to the site. However,
summarized in Table 2-8 is the design criteria to the best of our knowledge without having
access to the site.
Presently, the Sebastian Highlands WWTP operates under FDER Permit DO31-15332, which
expires in August, 1993. Summarized in Table 2-9 are the influent and effluent data from the
" FDER MOR's for the WWTP for the period from January, 1988 to February, 1991.
HES/ch
R3/91-064.00/Section2 2-30
�
TABLE 2-8
SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT
DESIGN CRITERIA
HES/ch
83/91-W.00/Table2-8 2-31
I. Wastewater characteristics
A.
Influent flow
1. Average: 300,000 gpd
2. Peak: 900,000 gpd
B.
Biochemical oxygen demand: 200 mg/l
_
C.
Total suspended solids: 200 mg/l
II. Aeration basins
A.
Number: Two (2)
.,
B.
Volume: 302,400 gallons (total)
C.
Hydraulic retention time: 24.2 hours
D.
Solids retention time: 14 days
E.
Oxygen required:
1. BOD: 1.15 lbs. 02/lb. BOD removed
2. Nitrogen: 4.6 lbs. 02/lb. N removed
III. Secondary clarifier
_
A.
Number: One (1)
..
B.
Volume: 50,900 gallons
C.
Surface area: 586.5 sf
D.
Sidewater depth: 11 feet - 6 inches
..
E.
Surface overflow rate: 512 gpd/sf
F.
Solids loading rate: 15 lbs./sf/day
G.
Detention time at adf: 4.1 hours
IV. Chlorine contact chamber
A.
Number: One (1)
B.
Volume: 12,070 gallons
C.
Detention time:
1. At adf: 58 minutes
.,
2. At peak: 23 minutes
HES/ch
83/91-W.00/Table2-8 2-31
�
TABLE 2-8 (Continued)
., SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT
DESIGN CRITERIA
D. Chlorine residual after 15 minutes: 1.0 mg/l (minimum)
V. Effluent disposal
A. Type: Percolation ponds
B. Number: Three (3)
C. Capacities
1. Ponds no. 1 and no. 2: 112,900 gpd (total)
2. Pond no. 3: 29,100 gpd
VI. Sludge stabilization
�+ A. Type: Aerobic digestion
B. Number: One (1)
C. Volume: 25,000 gallons
D. Solids retention time: 9 to 14 days
F. Oxygen required: 2.0 lbs. O2/lb. VSS destroyed
ON
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HES/ch
83/91-064.00/Table2-8 2-32
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TABLE 2-9
SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT
FDER MONTHLY OPERATING DATA
Month / Year
Influent
Effluent BOD
Effluent TSS
Chlorine
(MGD)
(mg/1)
(1119/1)
Residual
(me/1)
Max.
Ave•
Max.
Ave.
Max.
Ave.
Max.
Ave
January 1988
0.100
0.063
18.0
14.0
26.0
18.5
3.0
1.8
February 1988
0.100
0.082
5.0
4.0
19.0
16.5
3.2
1.2
March 1988
0.121
0.078
5.0
3.3
27.0
15.3
3.3
1.6
April 1988
0.077
0.067
2.0
2.0
6.0
3.5
3.5
1.7
May 1988
0.079
0.066
7.0
5.7
16.0
13.0
3.5
2.7
June 1988
0.090
0.067
10.0
7.0
26.0
17.0
3.5
2.1
July 1988
0.078
0.068
5.0
2.7
19.0
9.7
3.5
1.6
August 1988
0.084
0.070
4.0
2.0
20.0
10.5
3.5
1.2
September 1988
0.082
0.069
5.0
3.0
8.0
5.0
3.5
2.6
October 1988
0.078
0.067
1.1
0.9
5.0
4.5
3.5
3.3
November 1988
0.088
0.074
1.0
0.9
1.5
0.5
4.0
3.5
December 1988
0.092
0.074
3.0
2.0
2.0
1.5
3.5
3.4
January 1989
(1)
(1)
(1)
(1)
(1)
(1)
(1)
(1)
February 1989
0.088
0.075
3.0
3.0
2.0
1.5
4.0
3.4
March 1989
0.090
0.077
3.0
2.5
10.0
6.5
3.5
3.4
April 1989
0.081
0.070
2.0
1.5
4.0
3.0
3.5
3.5
May 1989
0.080
0.067
5.0
4.0
3.0
2.0
3.5
3.5
June 1989
0.083
0.063
3.0
2.3
5.0
3.0
3.5
3.4
July 1989
0.092
0.062
2.0
2.0
1.0
1.0
3.5
3.5
August 1989
0.076
0.063
4.0
2.5
4.0
3.0
3.5
3.5
September 1989
0.080
0.062
2.0
2.0
3.0
2.5
3.5
3.5
October 1989
0.081
0.061
2.0
2.0
2.0
2.0
3.5
3.0
November 1989
0.084
0.066
3.0
2.7
2.0
2.0
3.5
3.1
December 1989
0.091
0.069
4.0
3.5
15.0
9.0
3.5
3.0
January 1990
0.128
0.077
4.0
3.5
3.0
3.0
3.5
2.8
February 1990
0.098
0.080
3.0
2.5
10.0
6.5
3.5
2.8
March 1990
0.130
0.105
2.0
1.5
10.0
8.5
3.5
3.3
April 1990
0.186
0.115
2.0
1.5
9.0
5.0
3.5
2.6
May 1990
0.127
0.106
1.0
1.0
4.0
4.0
3.5
2.0
June 1990
0.121
0.103
4.0
3.5
9.0
8.0
3.5
2.4
July 1990
0.119
0.097
2.0
2.0
15.0
10.0
3.5
2.8
August 1990
0.119
0.101
3.0
2.5
8.0
7.0
3.5
2.8
September 1990
0.142
0.104
2.0
2.0
6.0
5.5
3.5
2.7
October 1990
0.134
0.111
2.0
1.7
6.0
4.0
3.5
2.8
November 1990
0.120
0.107
1.0
1.0
3.0
1.5
3.5
2.6
December 1990
0.121
0.107
1.0
1.0
13.0
9.5
3.5
2.5
January 1991
0.131
0.113
1.5
1.0
10.0
6.5
3.5
2.8
February 1991
0.154
0.119
2.0
1.5
14.0
8.0
3.5
2.6
HES/ch/kb
R3/91-064.00/Table2-9
2-33
Since January, 1988, the influent wastewater flow averaged approximately 81,800 gpd and
ranged from 22,000 gpd (October, 1989) to 186,000 gpd (April, 1990). Illustrated in Figure
2-10 are the monthly average daily and maximum daily flows for this WWTP since January,
1988. As can be seen from Figure 2-10, the average and maximum daily wastewater flows for
this area have increased gradually, approximately 10 percent annually, since January, 1988.
Summarized in Table 2-10 are the maximum day and average day influent flows to the
•• Sebastian Highlands WWTP. Based on the information presented in Table 2-10, the maximum
day to average day flow ratios were determined and averaged 1.27 over the 37 -month period,
and ranged from 1.12 (November, 1990) to 1.59 (January, 1988).
The effluent from the Sebastian Highlands WWTP must meet the requirements set forth in
Chapter 17-610, Reuse of Reclaimed Water and Land Application, of the FAC. The effluent
from the WWTP must meet secondary treatment levels (BOD: 20 mg/1 and TSS: 20 mg/1),
or 90 percent removal, whichever is more stringent, with basic disinfection and a nitrate -
nitrogen concentration of 12 mg/1 as nitrogen. The Sebastian Highlands WWTP generally
meets these standards on a continual basis. However, at times, the TSS standard of 20 mg/1 is
exceeded during a sampling event. The effluent TSS has equaled and/or exceeded a
,., concentration of 20 mg/l on four (4) occasions since January, 1988. The possible reasons for
exceeding the effluent standard for TSS is the low surface loading rate in the clarifier and/or
not wasting sludge properly. Both are possible reasons for sludge bulldng, solids carry-over
and pin floc. The WWTP has had no problem meeting the basic disinfection requirements.
No data was provided in the FDER MOR's which indicated the effluent nitrate -nitrogen
concentration in the WWTP effluent.
M 2.4 POPULATION PROJECTIONS
Population projections for the City of Sebastian, as well as for 13 other municipalities, were
developed in the Indian River County Comprehensive Plan. In summary, five (5) projections
were produced using three (3) different methods:
° Linear.
Geometric.
° Variations of the share method (share of total population and growth of
population).
M
HES/ch
.. R3/91-064.00/Section2 2-34
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SEBASTIAN HIGHLANDS
WWTP
HARTMAN & ASSOCIATES, INC.
w.
engiveen, hydragevlegisls, scievlisla & management ennaullanls
INFLUENT WASTEWATER
FLOWS
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SOUTHEAST BANK BUILDING
Figure 2-10
SUIT
TELEPHONE (407)839-3955 FAX (407)039-3790 001
m
m
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TABLE 2-10
SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT
FLOW DATA AND FACTORS (1,2)
Month
Total
Month
Flow
GD
Average
Day
Flow
GD
Max.
Day
Flow
GD
MDF/
ADF
ADF/
AADF
MDF/
AADF
January, 1988
1.941
0.063
0.100
1.59
0.90
1.43
February,1988
2.364
0.082
0.100
1.22
1.17
1.43
March, 1988
2.418
0.078
0.121
1.55
1.11
1.73
April, 1988
1.995
0.067
0.077
1.15
0.96
1.10
May, 1988
2.046
0.066
0.079
1.20
0.94
1.13
June, 1988
2.001
0.067
0.090
1.34
0.96
1.29
July, 1988
2.134
0.068
0.078
1.15
0.97
1.11
August, 1988
2.174
0.070
0.084
1.2041)004
1.20
September, 1988
2.060
0.069
0.082
1.19
1.17
October, 1988
2.077
0.067
0.078
1.16
1.11
November, 1988
2.214
0.074
0.088
1.19
1.26
December, 1988
2.283
0.074
0.092
1.24
1.31
1988 Average
2.142
0.070
0.089
1.27
1.27
January, 1989
(3
(3
(3
3
(3)
February, 1989
2.091
0.075
0.088
1.17
1.31
March, 1989
2.388
0.077
0.090
1.17
1.34
April, 1989
2.091
0.070
0.081
1.16
1.21
May, 1989
2.068
0.067
0.080
1.19
1.00
1.19
June, 1989
1.881
0.063
0.083
1.32
0.94
1.24
July, 1989
1.940
0.062
0.092
1.48
0.93
1.37
August, 1989
1.945
0.063
0.076
1.21
0.94
1.13
September, 1989
1.853
0.062
0.080
1.29
0.93
1.19
October, 1989
1.892
0.061
0.081
1.33
0.91
1.21
November, 1989
1.982
0.066
0.084
1.27
0.99
1.25
December, 1989
2.144
0.069
0.091
1.32
1.03
1.36
1989 Average
2.025
0.067
0.084
1.26
1.00
1.25
January, 1990
2.388
0.077
0.128
1.66
0.76
1.27
February, 1990
2.235
0.080
0.098
1.23
0.79
0.97
March, 1990
3.255
0.105
0.130
1.24
1.04
1.29
April, 1990
3.449
0.115
0.186
1.62
1.14
1.89
May, 1990
3.292
0.106
0.127
1.20
1.05
1.26
June, 1990
3.085
0.103
0.121
1.17
1.02
1.20
July, 1990
3.013
0.097
0.119
1.23
0.96
1.18
HES/ch/mg
R3/91-064.00/Table2.Flo 2-36
TABLE 2-10 (Continued)
SEBASTIAN HIGHLANDS WASTEWATER TREATMENT PLANT
FLOW DATA AND FACTORS (1,2)
Month
Total
Month
Flow
GD
Average
Day
Flow
GD
Max.
Day
Flow
GD
MDF/
ADF
ADF/
AADF
MDF/
AADF
August, 1990
3.133
0.101
0.119
1.18
1.00
1.18
September, 1990
3.106
0.104
0.142
1.37
1.03
1.41
October, 1990
3.432
0.111
0.134
1.21
1.10
1.33
November, 1990
3.195
0.107
0.120
1.12
1.06
1.19
December, 1990
3.307
0.107
0.121
1.13
1.06
1.20
1990 Average
3.07
0.101
0.129
1.28
1.00
1.28
January, 1991
1 3.497
0.113
0.131
1.16
0.97
1.13
February, 1991
3.338
0.119
0.154
1.29
1.03
1.33
1991 Average
3.418
0.116
0.142
1.23
1.00
1.23
Notes:
(1) Data from FDER Monthly Operating Reports.
(2) ADF: Average Daily Flow.
AADF: Annual Average Daily Flow.
MDF: Maximum Daily Flow.
(3) No Data available.
M
OR
M
HES/ch/mg
R3/91-W.00/Table2.Flo 2-37
M
Through a series of averages and the elimination of both the low and high, a recommended
population projection was derived for each municipality. Summarized in Table 2-11 are the
population projections for the City of Sebastian, as well as other municipalities. As indicated
in Table 2-11, the average growth rate of the City is one of the highest. In fact, the City of
Sebastian is projected to be the largest city in Indian River County by the year 2005. From
1990 to 1995, it is estimated that the population will increase from 9,022 to 12,624 residents,
.. or approximately 8.0 percent annually. Between the years 1995 and 2000, it is estimated that
the City will increase in population by approximately 6.8 percent annually, or from a
_ population of 12,624 to a population of 16,906. The overall growth of the City of Sebastian
through 2010 was determined to be approximately 9.5 percent annually. However, as with
any type of projection, population projections become less reliable as the projection horizon is
extended. A number of factors influence growth and/or shifts in population (i.e., social,
economic, political factors, etc.); therefore, it is recommended that only the first 10 years, or
7.9 percent, be considered as an accurate estimate of population growth for this study.
.. Seasonal population projections were derived to determine the effective population for the City
of Sebastian. Seasonal population for this case are those persons who visit or reside in the
City for a period of less than 6 -months. This group includes:
M
Visitors.
Recreational vehicle/travel trailer parks and campgrounds.
Visitors with friends and relatives.
M Partial -year residents.
�+ Seasonal population estimates and effective population projections are illustrated in Figure 2-
11 and summarized in Table 2-12. In summary, Figure 2-11 and Table 2-12 illustrate that the
City of Sebastian will continue to be one of the fastest growing communities in Indian River
County. As can be seen from Figure 2-11 and Table 2-12, the effective population, including
_ seasonal population in the City, will increase from 10,741 in 1990 to 20,262 in 2,000, which
is an increase of approximately 9.5 percent. Overall, through 2010, the effective population
will increase approximately 10.3 percent annually.
M
.,
HES/ch
R3/91-064.00/Section2 2-38
..
TABLE 2-11
POPULATION PROJECTIONS (1)
Municipality
1085
1990
1995
2400
2005
2010
Sebastian
5,604
9,022
12,624
16,906
21,704
26,150
Vero Beach
17,075
17,900
18,700
19,300
19,700
20,000
Fellsmere
1,624
2,025
2,526
3,154
3,931
4,907
I.R. Shores
1,668
2,116
2,426
2,760
3,105
3,407
Orchid
25
25
375
775
775
775
Gifford
6,484
7,561
8,373
8,947
9,990
10,211
Roseland
1,683
1,832
1,860
1,918
2,160
2,194
Wabasso
2,307
2,529
2,610
2,790
3,105
3,298
Winter B.
1,135
1,346
1,497
1,721
1,890
2,007
V.B. So.
15,235
17,082
19,143
20,338
20,655
20,714
F1. Ridge
8,159
11,321
12,982
14,379
14,759
14,744
SR 60 Cor.
5,574
8,262
9,826
12,510
14,141
14,378
South Beach
2,021
3,065
3,614
4,497
4,603
4,768
North Beach
420
639
784
1,074
1,215
1,290
Unallocated
7,328
8,383
9,962
10,139
13,269
14,048
County
76,442
93,100
107,300
120,600
135,000
143,400
Notes:
(1) Indian River County Comprehensive Plan.
HES/ch
R3/91-064.00/Tble2-11 2-39
30,000
z
g 20,000
g
0
a
10,000
1990 1995 2000 2005 2010
& ASSOCIATES, SOIATES,INC==T
cieSmanagement udS
isla,
SOUTHEAST BANK BUILDING
SUITE 1000 • 201 EAST FINE STREET • ORLANDgFL 32801
TELEPHONE (407)839-3955• FAX (407) 839-3790
YEAR
CITY OF SEBASTIAN
EFFECTIVE POPULATION PROJECTION
Figure 2-11
^
TABLE 2-12
TOTAL RESIDENT AND SEASONAL POPULATION
EFFECTIVE POPULATION(1)
Municipality
1990
1995
2000
2005
2010
^ Sebastian
10,741
15,120
20,262
26,012
31,341
Vero Beach
22,564
23,647
24,707
25,594
26,419
Fellsmere
2,179
2,718
3,394
4,220
4,920
I.R. Shores
3,875
4,443
5,054
5,686
6,239
^ Orchid
25
1,500
3,100
3,100
3,100
Gifford
8,743
9,674
10,292
11,464
11,803
^ Roseland
2,586
2,694
2,886
3,242
3,347
Wabasso
2,892
3,010
3,247
3,613
3,845
^ Winter Beach
1,503
1,671
1,920
2,112
2,245
V. B. South
19,515
21,664
22,784
23,479
23,756
F1. Ridge
14,137
15,988
17,562
18,431
18,665
^ S.R. 60 Cor.
10,303
11,992
14,701
16,646
16,793
South Beach
4,083
4,707
5,837
5,934
6,382
^ North Beach
1,470
1,715
2,168
2,320
2,619
- Unallocated
11,253
11,693
10,777
14,130
15,209
Total
115,869
132,236
148,691
165,983
176,683
Notes:
(1) Indian River County Comprehensive Plan.
HES/ch
R3/91-064.00/Tble2-12 2-41
SECTION 3
INDIAN RIVER COUNTY OVERALL PLAN
3.1 INTRODUCTION
The Indian River County and City of Sebastian Comprehensive Plans identified existing and
projected demands and needs for potable water supply and sanitary sewer based on population,
existing and future land use, capacity of existing and future land use, and the capacity of
existing facilities and proposed expansions. Furthermore, the Indian River County
Comprehensive Plan identified geographical service areas based on the findings of the
^� County's initial analysis of water and sewer service in the County. The primary use of the
County's Comprehensive Plan will be to provide direction for the County in determining
sound management decisions for potable water and sanitary sewer related matters in a manner
consistent with federal, state and local laws.
Water and Wastewater Master Plans were prepared and subsequently adopted by the County in
1987. The Water and Wastewater Master Plans developed a phasing program for the
economical and orderly expansion of the County's potable water and wastewater system. In
1990, an Effluent Disposal Master Plan was prepared by the County's consultants and
subsequently adopted by the County. The Effluent Disposal Master Plan identified a number
of sites located throughout the County that can be utilized for effluent disposal as the
wastewater system is expanded. Summarized herein is the proposed direction that the County
is following to provide water and wastewater to the residents of the County which do not have
these services provided by the County.
3.2 APPROACH TO POTABLE WATER SUPPLY
M
The County has developed a set of "Level of Service" standards which are generally used as an
indicator of the degree of service provided by, or proposed to be provided by, a water facility
based upon the operational characteristics of the facility. The Indian River County potable
.. water "Level of Service" standards are as follows:
M
Single family: 250 gallons per day per unit (gpdu).
° Multi -family: 250 gpdu.
° Commercial or industrial: 2,500 gallons per day per acre.
HES/ch
R3/91-064.00/Section3 3-1
The County's potable "Levels of Service" standards are greater than the historical data which
were reported to be significantly lower for residential units in the north County area. For
example, the documented potable water usage in the north County area averaged 205 gpdu for
single family units and 199 gpdu for multi -family units.
The other factors that are included in "Level of Service" standards are as follows:
Wellfield capacity must be the average daily use plus the largest well being out
of service.
Storage tank capacity must be at least 50 percent of the average daily
.. consumption volume.
High service pump capacity should at least be equal to the maximum daily
demand.
° Pressures of the high service pump stations for the County facilities will be a
minimum of 40 pounds per square inch (psi).
° During fire flow conditions, the system shall be able to provide a delivery at a
�. minimum pressure of 20 psi.
Water quality will at least meet the United States Environmental Protection
Agency (USEPA) and State of Florida Department of Environmental Regulation
(FDER) safe drinking water requirements.
As a result of the Water Master Plan, it was recommended that the initial water service in the
Sebastian area be along the U.S. Highway 1 corridor from the Hobart area northward to the
Roseland area. The County will then expand to provide service along Fellsmere Road (County
Road (CR) 512) to Vero Lake Estates and an area north of CR 512. It is anticipated that this
extension would occur in the mid 1990's. Within this initial service area, the Water Master
Plan assumed that 50 percent of the developed residential and 90 percent of the
commercial/industrial acreage will be connected to the County water service by the mid
1990's, and potable water service will then be increased to 95 percent by the year 2010.
HES/ch
R3/91-064.00/Section3 3-2
M
M
Illustrated in Figure 3-1 are the County's proposed potable water service areas for the years
1995 and the areas to be added by 2010, as recommended in the Water Master Plan.
According to the Water Master Plan, it appears that there is an immediate need for the
development of the proposed Hobart WTP, as well as the expansion of the distribution system.
North of Hobart Road, along U.S. Highway 1, there is a high concentration of subdivisions
and developments with water systems that have reportedly experienced problems in providing
service that meets the County's "Level of Service" standards. Moreover, there are a number
of potential commercial and industrial customers that could utilize potable water along U.S.
Highway 1. Therefore, the initial expansion of the potable water system in the north service
area must be along U.S. Highway 1, CR 512, Kings Highway, and the Roseland and Sebastian
areas.
In summary, the Water Master Plan provides for an orderly expansion of the County's potable
water system to meet the needs of future residents. As reported in the Water Master Plan in
1984, the average daily water demand in the north County service area was 0.251 million
gallons per day (MGD) and 0.684 MGD in the south County service area, for a total of 0.935
MGD. By the year 2010, water demands are projected to reach 22.0 MGD (average daily
flow), with approximately 14.5 MGD distributed to the areas north of State Road (SR) 60 and
the remaining to areas south of SR 60. The improvements recommended in the Water Master
Plan were designed to supply water demands in the year 2010. Since the vast majority of the
.. service area is undeveloped at this time, an average daily demand of 22.0 MGD may be
reached sooner or later than 2010, depending on development trends. The Water Master Plan
was developed to be sufficiently flexible to permit changes in the implementation of the
M
various recommendations, if County growth progresses at a rate other than projected.
The County's conceptual plan for system expansion in the north service area is as follows:
M 1991 - 1996 Time Frame
�+ Complete Phase I construction of the new wellfield and a 12.0 MGD reverse
osmosis (RO) treatment plant at the Hobart Park site, including a 2.0 million
gallons (MG) ground storage tank. Construct a transmission main to the
Gifford area water system. -
M
HES/ch
R3/91-064.00/Section3 3-3
Construct major transmission main improvements into the Sebastian and
Fellsmere areas along with other improvements throughout the system.
., Construct a 0.75 MG elevated storage facility in the vicinity of Roseland Road
and U.S. Highway 1 and a 0.5 MG ground storage facility in the vicinity of
Interstate 95 and Fellsmere Road.
so
.,
..
° 1996 - 2010 Time Frame
Expand the treatment plant capacity at the Hobart RO plant to.17.0 MGD.
Expand the firm pumping capacity at the Hobart Park wellfields.
Construct a 2.0 MG ground storage facility at Hobart RO plant.
Construct transmission main improvements needed to serve future growth.
2001+ Time Frame
Expand the Hobart plant to 22.0 MGD. The final plant is planned for 13 wells
plus one (1) standby well, low pressure RO equipment, 8.0 MG of ground
storage and 48.4 MGD of high service pump capacity.
so Construct transmission main improvements needed to serve future growth.
Integration of the Sebastian Highlands WTP into the County's potable water
OR
system.
Project costs were estimated for the capital improvements recommended in the Water Master
Plan. The estimated project costs provided in the Water Master Plan were based on prices that
were in effect in mid 1987. The estimated project costs were updated by using an Engineering
News Record Construction Cost Index (CCI) of 4766 for April, 1991. In mid 1987, the CCI
was 4448. It should be noted that the estimated project costs presented are subject to change
when the scope of work is better defined and a more detailed engineering design -has been
completed. A 10 percent construction contingency and 20 percent engineering cost were
HES/ch
R3/91-064.00/Section3 3-5
included in the cost estimates. No costs were estimated for legal, fiscal or land (right-of-way)
.. acquisition.
.� The implementation schedule for the potable water system improvements is illustrated in
Figure 3-2, and separates the recommended improvements to the County's potable water
system into two (2) distinct time frames - 1991 to 1996, and 1996 to 2010. It is recommended
that the Hobart RO plant design be implemented in 1991, with a construction completion target
date of late 1992 to early 1993.
The exact year in which these projects should be implemented depends upon the rate of growth
^�+ of water service connecting to the County's system. Timing is based on the population growth
estimates supplied by the County Planning Department and the area's potable water demands.
If the actual growth rate differs from that projected by the Planning Department, or if potable
water demand trends differ from those projected, the implementation schedule will have to be
revised, accordingly. Potable water demands need to be analyzed and growth projections need
to be updated each year so that the implementation schedule can be revised based on the best
available data.
M
The updated total estimated project cost for all capital improvements in the north County
service area is approximately $66,000,000.00. For this case, it was assumed that 50 percent
of the potable water distribution system improvements were for the south County service area.
For both the south and north County service areas, the updated total estimated project cost for
all capital improvements is approximately $123,030,000.00.
3.3 APPROACH TO WASTEWATER COLLECTION, TREATMENT AND DISPOSAL
While developing a wastewater collection, treatment and disposal system over the past 20
years, the County has permitted private wastewater systems to be constructed under certain
conditions. In areas where wastewater service was not available, private utilities were
permitted to obtain franchise operation agreements with the County for wastewater service.
Moreover, septic tanks are still being permitted for single family homes where soil conditions
are favorable.
Within the north County service area designated by the Wastewater Master Plan, there are only
two (2) major WWTP's - the Sebastian Highlands WWTP and the Hobart WWTP. However,
HES/ch
R3/91-064.00/Section3 3-6
1064. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1
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it appears that Indian River County intends to expand the Hobart WWTP by an additional 1.0
•. MGD and abandon the Sebastian Highlands WWTP, or convert it into a major pump station.
Presently, there are pump stations and pipelines installed within the incorporated limits of the
City of Sebastian that presently serve some residents of the City. Illustrated in Figure 3-3 are
the major components of the Hobart WWTP collection system, which illustrates the facilities
that have been installed within the City of Sebastian's city limits. The overall costs for these
improvements are unknown at this time, since no cost information was provided to HAI by the
County. The proposed service area for the Hobart WWTP encompasses the U.S. Highway 1
MR corridor from south of Wabasso to the Sebastian River. In addition to the U.S. Highway 1
corridor, portions of the City of Sebastian and Roseland are also served.
As previously mentioned for the potable water system, the "Level of Service" is generally used
as an indicator of the degree of service provided by, or proposed to be provided by, a
treatment facility based on the operational characteristics of the facility. The "Level of
_ Service" for wastewater service is expressed in terms of per capita wastewater generation per
day. Calculation of future demand, projection of required capacity and need for future
expansion are based on the established "Level of Service." The "Level of Service" required
by Indian River County is 250 gpd per equivalent residential unit (ERU), as identified in
County Ordinance No. 84-18.
As a result of the Wastewater Master Plan, it was recommended that a regional WWTP be
04 constructed at the County's Hobart Park site. Subsequently, a wastewater collection and
transmission system was constructed along the U.S. Highway 1 corridor and portions of the
City of Sebastian. The service area for the Hobart WWTP is basically the 1995 wastewater
service area identified in the Wastewater Master Plan and is illustrated in Figure 3-4, along
with the portions of the north County service area that will receive wastewater service by
2010.
The selected alternative from the Wastewater Master Plan consists of five (5) subregional
wastewater collection, treatment and effluent disposal facilities; one (1) located in each of the
study areas, with the exception for the west central County service area. The west central
County service area is the only area with a very low residential density, no plan for
commercial or industrial development, and has a proposed development pattern which can
support well and septic systems, or some other private facilities without endangering the
residents' health. The central and west County subregional treatment facilities would operate
HES/ch
R3/91-054.00/Section3 3-8
I
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HARTMAN & ASSOCIATES, INC. EXISTING INDIAN RIVER COUNTY
engineers, hydrogeolog!sts, scientists k management consultants WASTEWATER FACILITIES
1
SOUTHEAST HANK BUILDING 1 INGROUND
SUITE 1000 •20l1 EAST PINE STREET • 32801 Figure 3-3
TELEPHONE (407)839-3955. FAX (407)07) 839-3 839-3790 9
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HARTMAN & ASSOCIATES, INC. EXISTING INDIAN RIVER COUNTY
engineers, hydrogeolog!sts, scientists k management consultants WASTEWATER FACILITIES
1
SOUTHEAST HANK BUILDING 1 INGROUND
SUITE 1000 •20l1 EAST PINE STREET • 32801 Figure 3-3
TELEPHONE (407)839-3955. FAX (407)07) 839-3 839-3790 9
on an advanced secondary activated sludge treatment. The activated sludge treatment would be
a conventional activated sludge air type followed by secondary clarification, filtration and
chlorination system, which would produce an effluent of a high enough quality to be disposed
of by effluent reuse. For the north and south County service areas, the method of wastewater
treatment would be of a conventional activated sludge type followed by secondary clarification
and chlorination. The effluent would then be disposed of through percolation ponds. All
WWTP's, except for the proposed south subregional plant for which the County has not yet
purchased a site, have a specific site and are in various stages of development.
Preliminary project cost estimates were developed in the Wastewater Master Plan.
Construction costs of the recommended facilities were estimated using planning level cost
curves for specific treatment processes as described in subsection 3.2 of this report.
Additionally, equipment manufacturers were consulted to corroborate process costs. The
estimated capital improvement costs from the Wastewater Master Plan were then updated
(April, 1991 dollars) for wastewater treatment plant expansions and effluent disposal facility
expansions and are identified below:
.. 0 1990 - 1992: 1.0 MGD expansion to Hobart WWTP - $2,647,000.00.
we 01990 - 1992: 1.0 MGD percolation pond - $804,000.00.
° 1990 - 1992: U.S. Highway 1 corridor and City of Sebastian wastewater
collection and transmission system - unknown since actual bid prices were not
provided by the County (portions that can be utilized by the City are estimated
to be $414,000.00).
3.4 CURRENT RATE STRUCTURE
Until recently, the County's water and wastewater rate structure and many of the County's
utility financial and operating policies that were established in 1984 remained unchanged.
Therefore, as of April 1, 1991, the water and wastewater rates have remained unchanged since
1984, and impact fees have been increased only to reflect increases in construction costs. In
the meantime, the utility system has experienced increases in the costs of operations and capital
improvements that could not be adequately funded under the previous fee and rate schedule.
^
Of particular interest to the County was the need to recover the cost of providing capacity to.
HES/ch
R3/91-064.00/Section3 3-11
serve new customers (i.e., City of Sebastian, etc.) through impact fees. The cost for
•. providing new capacity is increasing rapidly due to regulatory requirements and capital cost
increases.
In developing the revised water and wastewater impact fees, the County estimated the cost for
_ providing water and wastewater capacity to new customers in the utility's service area. Two
(2) basic methods were utilized in estimating costs:
Marginal or incremental cost method applied where costs will be incurred by the
County to construct new facilities (i.e., water and wastewater treatment
�+ facilities, etc.)
Buy -in method was applied where the County has already constructed facilities
to accommodate future customers (i.e., water and wastewater transmission
facilities).
The updated impact fees presented in Table 3-1 were developed to recover the full cost of
providing capacity to serve new customers. Therefore, the impact fees were formulated so
that existing customers' rates would not increase to fund capacity for new growth. As can be
seen from Table 3-1, the water and wastewater impact fees have increased approximately 28.5
percent from the current rate of $2,711.00 to $3,483.00 for the remaining 1991 fiscal year.
The water and wastewater impact fees will increase an additional 8.01 percent in 1992 from
the 1991 impact fees and an additional 9.54 percent in 1993 from the 1992 impact fee.
_ Overall, the water and wastewater impact fees will increase a total of approximately 18.3
percent from the existing impact fees in place presently. Summarized in Table 3-2 is a
comparison of Indian River County's impact fees with surrounding counties and
municipalities. As can be illustrated from this table, Indian River County's existing water and
wastewater impact fees are one of the highest, with the exception of Brevard County's impact
fees. Additionally, the County's current impact fees are approximately 36.9 percent higher
than GDU's current water and wastewater impact fees (Indian River County: $3,483.00 -
., GDU: $2,545.00).
The County's water and wastewater existing rate structure, and the historical and projected
expenses and revenues were analyzed. Based on this analysis, a set of recommended rates to
be implemented during the remainder of the 1991 fiscal year and in 1992 and 1993 were
HES/ch
'" R3/91-064.00/Section3 3-12
HES/ch
R3/91-064.00/Table3-1 3-13
TABLE 3-1
INDIAN RIVER COUNTY IMPACT FEE SCHEDULE
County Fiscal Year
Fact Fee
1991
1922
1993
Water treatment and storage
$818
$893
$973
Water transmission
502
548
597
Total Water
$1,320
$1,441 — .
$1,570
Wastewater treatment and sludge
^ management
$979
$1,048
$1,159
Effluent disposal
604
647
716
^ Wastewater transmission
580
626
676
— Total Wastewater
$2,163
$2,321
$2,551
HES/ch
R3/91-064.00/Table3-1 3-13
TABLE 3-2
COMPARISON OF WATER AND WASTEWATER IMPACT FEES
County/Municipality/Utility
Water
Wastewater
— Indian River County
$1,320.00 (1991)
$2,163.00 (1991)
$1,441.00 (1992)
$2,321.00 (1992)
$1,570.00 (1993)
$2,551.00 (1993)
City of Vero Beach(1)
$1,016.00 (Mainland Fees)
$2,331.00 (Outside City Limits)
$2,331.00 (Island/Beach)
—~
City of West Melbourne
$400.00
$1,000.00
City of Melbourne
$600.00
$1,375.00
City of Port St. Lucie
$600.00
$1,800.00
Brevard County
$1,903.00 (Single Family)
$2,257.00 (3 Bedrooms)
— $1,589.00 (Condos/Mobile Homes)
$2,610.00 (4 Bedrooms)
$2,962.00 (5+ Bedrooms)
Palm Beach County
$600.00
$1,800.00
General Development Utilities
$1,214.00
$1,331.00
HES/ch
R3/91-064.00/Table3-2 3-14
determined. On April 1, 1991, the revised rate structure for the County was implemented.
^ The recommended rates that are presently in-place were based on cost -of -service principals,
whereby customers and customer classes are charged generally on the basis of the cost of
providing service. There were three (3) key refinements to the previous rate structure, as
indicated below:
^
° A conservation water rate structure in which increasing water use results in
higher unit costs is recommended to discourage unnecessary water use. The
recommended rate structure will provide reduced rates for customers using
3,000 gallons per month or less per ERU, relatively level rates for customers
^ using between 3,000 and 7,000 gallons per month per ERU, and somewhat
higher rates for customers using in excess of 7,000 gallons per month per ERU.
The average residential water use per month in Indian River County is
approximately 5,000 gallons per month.
° An excess volume surcharge, whereby customers will be charged a higher rate
for using greatly in excess of the capacity purchased through impact fees and
funded through base facilities charges, is recommended.
An excess sewage strength charge for customers generating sewage with high
concentrations of suspended solids or biochemical oxygen demand (the principal
factors affecting the cost of wastewater treatment), is recommended.
Summarized in Table 3-3 are the recommended water and wastewater rates for the remainder
of fiscal year 1991, and fiscal years 1992 and 1993. The recommended water rates will result
in an increase in the typical monthly residential water bill (5,000 gallons) of approximately 3.7
percent from approximately $17.11 to $17.75. The typical residential wastewater bill (5,000
gallons) will increase approximately 34.9 percent, or from $17.67 to $23.84 per month.
^ Therefore, a total water and wastewater bill for the remainder of 1991 would be $41.59, an
increase of 19.6 percent from the current bill. In 1992, the average combined water and
^ wastewater bill for a residential user will increase to $49.49 ($20.25 - water, $29.24 -
wastewater), or approximately 19.0 percent from the 1991 average bill. The 1993 average
combined water and wastewater bill will increase approximately 2.0 percent ($50.49 - total,
$20.75 - water, $29.74 - wastewater) over the 1992 average bill. Summarized in Table 3-4 is
^
a comparison of the Indian River County average water and wastewater, based on a usage of .
HES/ch
R3/91-064.00/Section3 3-15
r
M
M
M
on
TABLE 3-3
INDIAN RIVER COUNTY WATER AND SEWER RATES
County Fiscal Year
Impact Fee 1921 1922 1993
Water
Billing Charge $2.00 $2.00 $2.00
Base Facilities Charge Where
Lines are Available - Per ERU
6.20
Base Facilities Charge Where
Capacity is Reserved, but Lines
Are Not Available - Per ERU
3.10
Volume Charge Per 1,000 Gallons
Per ERU
0-3,000
1.75
3,001 - 7,000
2.15
7,001 and greater
2.55
Excess Volume Surcharge -
Greater than 13,000 Gallons Per
Month Per ERU
1.95
Sewer
Billing Charge
$2.00
Base Facilities Charge Where
Lines Are Available - Per ERU
7.60
Base Facilities Charge Where
Capacity is Reserved, But Lines
Are Not Available -`Per ERU
3.80
Volume Charge - 85 % of Water
Use Beginning 1991
3.35
Excess Volume Surcharge -
Greater than 11,000 Gallons
Per Month Per ERU
3.70
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3-16
8.70 9.20
4.35 4.60
1.75 1.75
2.15 2.15
2.55 2.55
2.10 2.30
$2.00 $2.00
13.00 13.50
6.50 6.75
3.35 3.35
4.05 4.45
Notes:
(1) Based on a usage of 5,000 gallons.
(2) 1991 Pass -Through Rate Increase.
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R3/91-064.00/Table 3-4 3-17
TABLE 3-4
T COMPARISON OF AVERAGE WATER AND WASTEWATER
BILLSM
T County/Municipality/Utility
Water
Wastewater
Total
Indian River County (1991)
$17.75
$23.84
$41.59
(1992)
$20.25
$29.24
$49.49
(1993)
$20.75
$29.74
$50.49
Brevard County
$10.65
$13.25
$23.90
City of Melbourne
$8.50
$17.00
$25.50
Ft. Pierce Utility Authority
$11.00
$15.75
$26.75
City of Palm Bay
$15.30
$16.34
$31.64
City of Vero Beach
$10.30
$17.90
$28.20
^- General Development Utilities, Inc.(2)
$19.25
$20.47
$39.72
Notes:
(1) Based on a usage of 5,000 gallons.
(2) 1991 Pass -Through Rate Increase.
HES/ch
R3/91-064.00/Table 3-4 3-17
5,000 gallons, with surrounding counties and municipalities. As indicated in Table 3-4, the
Indian River County current rates are significantly higher than any of the surrounding
municipalities, and even higher than the current GDU rates for water and wastewater service.
Other important aspects of the County's fee and rate ordinance is that under Section
201.08.G., the County may impose a charge on customers of a system where the water and/or
sewer system is acquired by the County at a cost in excess of that for which impact fees have
been paid. Presently, the north beach residents are billed $26.00 per month in addition to their
monthly water and sewer bills. Moreover, in areas where water service is not available, the
customer must install a meter approved by the County on any private water supply, and the
•• County shall use the meter reading for purposes of calculating sewer charges (Section 201.04).
The cost for a meter is $180.00 ($50.00 - deposit; $130.00 - installation).
.,
M
•
Presented in Appendix A is the Indian River County Ordinance No. 91-9, which was adopted
on April 1, 1991, which developed a new Chapter 201 entitled "County Water and Sewer
Services of the Code of Laws and Ordinances of Indian River County, Florida". This
Ordinance discusses the impact fees, user rates and miscellaneous charges that the citizens of
the City of Sebastian may incur if the County provides water and wastewater service.
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R3/91-064.00/Section3 3-18
M
M
M
SECTION 4
CITY OF SEBASTIAN PLAN OF ACTION
4.1 BACKGROUND
GDU has been providing potable water service to the residents of Sebastian since the mid -
1970's, and wastewater service since the mid -1980's, with the exception of franchise areas. In
1981, the City of Sebastian granted GDU a water and wastewater franchise area which in all
general purposes encompassed all lands within the City's incorporated boundaries, with the
exception of a few out -parcels and the existing franchise areas. Between 1987 and December
12, 1990, the City and Indian River County entered into a series of agreements which changed
^
the provisions of water and wastewater service within the City. As a result of the December
12, 1990 agreement, the City basically became the County's agent for the provision and
regulation of water and wastewater service in the City.
In March, 1991, the City of Sebastian hired HAI to investigate the alternatives and feasibility
^ associated with providing water and wastewater service within the City limits, and GHRKP to
investigate the legal implications associated with said service. On March 5, 1991, Indian
River County offered to "relinquish its franchise rights within the City of Sebastian, if that is
what the City Council wished." Subsequently, the City responded to the Indian River Board
of County Commissioners on April 5, 1991, to accept the March 5, 1991 offer, which would
relinquish all County water and wastewater franchise rights within the City of Sebastian.
4.2 BACKGROUND ON CITY'S UTILITY LAWS, CHARTER, ORDINANCES, AND
FRANCHISES
Summarized herein is a brief background of the City's utility laws, charters, ordinances and
franchises. The laws, charter, ordinances and franchises are all important aspects to consider
when considering the possibility of acquiring a utility system for the purpose of providing
utility service (water and wastewater) to the residents of the City.
4.2.1 Laws
Like many other municipalities in the State of Florida, the City of Sebastian regulates and
provides water and wastewater service based upon constitutional and statutory authority.
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R3/91-W.00/Section4 4-1
Section 2 of Article VIII, The Florida Constitution, provides that municipalities shall have
governmental and proprietary powers to enable them to conduct municipal government,
perform municipal functions and render municipal services, and may exercise any power for
.. municipal purposes except as otherwise provided by law. In 1973, the Legislature enacted the
municipal Home Rule Powers Act, Part I, Chapter 166, Florida Statutes, which also provides
_ municipalities in the state with the same powers as enumerated in the Constitution, except
when expressly prohibited by the Florida Legislature, as described in Section 166.021(1),
Florida Statutes (1989). This statute also provides that the powers of municipalities "shall be
so construed as to secure for municipalities the broad exercise of Home Rule Powers granted
by the Constitution", as described in Section 166.021(4), Florida Statutes (1989).
Municipalities, therefore, derive broad powers to regulate water and wastewater utilities and to
provide water and wastewater utility service pursuant to the Home Rule Powers Act.
Municipalities also possess an alternative source of power pursuant to Chapter 180, Florida
Statutes; this Statute relates generally to municipal public works, and specifically includes
powers related to water and wastewater service. Because many of the provisions of Chapter
180 were drafted by the Legislature over 50 years ago, citation to this statute as a source of
., authority can be good or bad. Therefore, caution is advised in utilizing this archaic 1935 law.
Finally, certain aspects of water and wastewater utilities within the City may be affected by
Chapter 59-1380 Laws of Florida (1959), also known as the Utility Act of Indian River
County. This act granted the Indian River County Board of County Commissioners with
authority to grant franchises in unincorporated areas for the construction, operation and
., maintenance of public utilities, including water and wastewater systems. This specific law is
incorporated as a condition to the issuance of any franchise granted by the City under the
City's independent franchising powers pursuant to Section 27-20(b), Code of Ordinances of
the City of Sebastian. This law does not in and of itself take away any of the City of
Sebastian's powers to grant franchises in the incorporated areas of the City of Sebastian.
Appendix B of this report contains the laws, rules and ordinances described above.
-� 4.2.2 Charter and Ordinances
The City Council of the City of Sebastian exercises its powers created pursuant to the Florida
Constitution and the Florida Statutes through the Home Rule Charter of the City of Sebastian
and the Code of Ordinances of the City of Sebastian (hereafter "Home Rule Charter"). The
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83/91-064.00/Section4 4-2
^
Home Rule Charter was adopted by Ordinance No. 0-78-9 on October 9, 1978, and approved
^ at referendum on December 11, 1978. The Charter became effective January 1, 1979.
Specifically, Sections 1.01 and 1.02(4), Home Rule Charter of the City of Sebastian, grant the
.. City broad powers both within and outside the City limits to furnish and regulate the provision
of "any and all local public services..."
Pursuant to the Home Rule Charter, the City has adopted various ordinances from time to time
which have been codified in Chapter 27, Code of Ordinances of the City of Sebastian
(hereafter "Code of Ordinances"). The general requirements related to authority, rates, and
service (including franchising) can be found in Article I and Article II, Chapter 27, Code of
Ordinances, and were primarily adopted by Ordinance Nos. 0-78-6 and 0-80-24. Article II,
Chapter 27, Code of Ordinances provides all the requirements for franchising water and
wastewater utilities within the City. You will notice that, among other things, this Ordinance
requires that any water or wastewater franchise granted by the City include the option to
purchase the utility, with the sales price to be determined by a value arrived at by three (3)
appraisers, as indicated in Section 27-25, Code of Ordinances of the City of Sebastian. If the
appraisers do not agree, then condemnation is provided for. Appendix C of this report
includes the Home Rule Charter of the City of Sebastian and Articles I and II, Chapter 27,
Code of Ordinances of the City of Sebastian.
4.2.3 Franchises
Franchises granted by the City are contained in Appendix B of the Code of Ordinances. The
City has to date granted five (5) separate water and sewer utility franchises, including the
following:
Water franchised to General Development Utilities, Ordinance No. 0-81-8,
included in Appendix D of this report.
^
° Sewer franchise for General Development Utilities, Ordinance No. 0-81-9,
included in Appendix D of this report.
Water and sewer franchise for Lake Dolores Utilities and Cable Television
Systems, Inc., Ordinance No. 0-85-12.
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83/91-064.00/Section4 4-3
V�
^
° Water and sewer franchise for Sebastian Lakes Utility Company, Ordinance No.
0-85-16.
., Water and sewer franchise for Indian River County, Resolution No. R-87-6.
_ With the notable exception of the Indian River County franchise, all of the other four (4)
franchises contain the option to purchase clause required by Section 27-25, Code of
^
ordinances.
4.3 CURRENT LEGAL STATUS
As previously indicated, between 1986 and present date, the City and Indian River County
.� entered in to a number of agreements which changed the provisions of water and wastewater
service within the City incorporated limits. Summarized herein are the events which led up to
the present date conditions regarding water and wastewater service in the City.
4.3.1 Initial Indian River County Agreements
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. At that time, the County was beginning the development of the north
.. County subregional wastewater system, and they viewed the City of Sebastian as a potential
source of its customers for this system. These discussions culminated in two (2) hearings held
by the City Council on January 7 and January 14, 1987. At those hearings, the City adopted a
series of documents which have changed the nature of the provisions (and to some extent, the
regulation) of water and wastewater service within the City of Sebastian. These initial
documents involved Ordinance No. 0-87-01, Resolution Nos. R-87-6 and R-87-7, and an
Intergovernmental Agreement between Indian River County and the City of Sebastian.
Ordinance No. 0-87-01 provided the regulatory framework for allowing the County to expand
its water and wastewater systems within the City. This ordinance imposed an impact fee to
offset the cost to the County of the necessary expansion of these systems, but left to the
County's rate consultants the amount of the impact fees within the franchise territory.
Furthermore, the Ordinance requires the City Council to establish, collect, and enforce
collection of certain special assessments to be used to defray the whole or any part of the cost
HES/ch
R3/91-064.00/Section4 4-4
of any water and wastewater improvements needed within the City so that the County could
^ extend service. The Council's power is subject to being triggered by County determinations.
The Ordinance also provides for the imposition of special assessments in lieu of impact fees,
., again, by Council action triggered by Indian River County. The Ordinance goes on to require
the City to enforce a mandatory water and wastewater connection policy within the City
"following notification to do so by the utility department of the County."
Finally, this Ordinance authorized the City to enter into agreements with the County which
would allow the County to extend its water and wastewater systems within the City. Section
7.02 of this Ordinance provides that the definitive form of such agreement shall be specified
by resolution of the City Council. This should be contrasted with Article II, Chapter 27, Code
of Ordinances of the City of Sebastian, which requires all franchise agreements to be granted
by ordinance.
At the same hearings, the City Council also adopted two (2) companion resolutions, R-87-6
and R-87-7. Resolution No. R-87-6 granted a franchise to the County for "the entire area
within the incorporated limits of the City, excluding the areas in which the City has previously
granted franchises to furnish water or sewer services." This franchise resolution was accepted
by the Board of County Commissioners of Indian River County on February 3, 1987.
Resolution No. R-87-7 approved the form and substance of the Intergovernmental Agreement
by and between the City and the Indian River County. Finally, the Intergovernmental
Agreement was entered into by the City and the County. In this agreement, the City
covenanted to do the following:
Enact, keep in force, enforce and otherwise maintain ordinances or resolutions
similar to those now or hereafter exacted by the County relating to any and all
mandatory connections, rates, charges and fees from services; impact fees;
special assessments and special assessments in lieu of impact fees, at the request
of the County, and not to enact, keep in force, enforce or otherwise maintain
any other ordinances or resolutions with respect to services provided by the
County within the City or any part thereof within the County's franchise
territory.
HES/ch
R3/91-064.00/Section4 4-5
Should any bonds be issued by the County to finance the costs of any project, to
comply with and be bound by any representations, covenants, agreements or
pledges made by the County in connection therewith.
° To diligently enforce its right to receive any and all rates, charges, fees, impact
fees, special assessments and other matters under any ordinance or resolution of
the City.
° To be unconditionally and irrevocably obligated to diligently take any lawful
action necessary or required to collect any such rates, charges, fees, impact
fees, special assessments and other matters.
.. ° To immediately pay over to the County any rates, charges, fees, impact fees,
special assessments or other items.
To take any and all other actions necessary or desirable to carry out the purpose
and intent of this agreement.
The County only covenanted to diligently proceed with any projects, construct, maintain,
repair and operate the water and wastewater systems in good condition, repair and working
order, and to provide services with respect thereto in an orderly and efficient manner, and
maintain rate equivalency in the City with rates in the County. The agreement did provide that
if no projects were undertaken within two (2) years after the effective date of the agreement
(that is, February 3, 1987), the agreement would be null and void. Included in Appendix E of
this report are the City Rate Ordinance (0-81-8A through 0-81-8(d)), Resolutions 0-87-01, 0-
87-6 and 0-87-7 and the Intergovernmental Agreement between the City and the County.
4.3.2. Later City Resolutions Implementing The Indian River County Agreements
^
Since 1987, there have been no less than five (5) City Resolutions which have further
supplemented the Indian River County agreements. These resolutions include Resolution No.
R-87-85 (approval of a capital project consisting of the acquisition and construction of certain
., alterations, extensions and additions to the sanitary sewer system and levying certain fees),
Resolution No. R-89-12 (the City approved and confirmed certain special assessments in lieu
of impact fees against certain properties situated in the City), Resolution No. R-89-60 (the
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R3/91-064.00/Section4 4-6
City assessed, approved and confirmed certain supplemental special assessments against certain
properties in the City to be serviced by the project), Resolution No. R-90-30 (a resolution
authorizing the Mayor and City Clerk to execute an agreement with the United States Postal
Service concerning the realignment of Main Street), and Resolution No. R-90-31 (a resolution
of the City granting a perpetual easement in favor of Indian River County for a twenty -foot
utility easement). The above resolutions are included in Appendix F of this report.
4.3.3 1990 City/County Agreements Concerning General Development Utilities, Inc.
On December 12, 1990, the City entered into a series of agreements relating to the water and
wastewater franchises granted to GDU. These documents include the adoption of Ordinance
No. 0-90-16, which amended GDU's water franchise to include an area known as Chesser's
.. Gap. They also include the adoption of Resolution No. R-90-51 in which the City of
Sebastian excluded certain territory from the water and the wastewater franchise granted to
., Indian River County which excluded the Chesser's Gap area south of County Road 512.
Finally, 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 the County all of the City's
., right, title and interest in the water franchise granted to GDU and the wastewater franchise
granted to GDU, with the exception of the City's right to receive franchise revenues and to
regulate rates and charges pursuant to said franchise.
To sum up the above, the City has essentially become the County's agent within the City for
the provision and regulation of water and wastewater utilities. These documents have, of
course, changed the thrust of the City's prior policies regarding water and wastewater utilities
since adoption of the initial Indian River County agreements in January of 1987. Since that
_ time, numerous residents and potential County customers residing in the City have raised a
variety of questions regarding the true cost of obtaining water and wastewater service from
Indian River County. In reviewing these questions, the City retained GHRKP as special
counsel for utility matters and a utility engineering firm (HAI) in order to advise the City
regarding its options. At about the time the City began investigating these issues, it received
�- an offer from Indian River County to "relinquish its franchise rights within the City of
Sebastian if that was what the City Council wished...". On April 5, 1991, Special Counsel for
the City responded to the Board of County Commissions by accepting the County's offer
subject to completion of the necessary documents containing terms and conditions applicable to
the City and the County so that the agreements, ordinance, and resolutions may be rescinded in
HES/ch
.. R3/91-064.00/Section4 4-7
such a manner as to not impact innocent third parties. Meetings have been held with various
County and City officials, including a meeting on April 17, 1991, in which the City and the
County agreed to work together in order to "unbuckle" the Indian River County agreements to
the extent necessary and as ultimately determined by the City Council of the City of Sebastian
and the Board of County Commissioners of Indian River County. Included in Appendix G of
this report are Ordinance 0-90-16, Resolution 0-90-51 and 0-90-55, and miscellaneous
correspondence regarding the agreements between the City and County.
4.4 RECOMMENDED LEGAL COURSE OF ACTION
Essentially, the City faces three (3) possible legal alternatives with regard to the provision and
regulation of water and wastewater services within the City. First, the City can maintain the
- status quo. Second, the City can provide water and wastewater service throughout the City
without cooperating with the Indian River County. Finally, the City can provide water and
wastewater service within the City in cooperation and coordination with Indian River County.
_ Should City Council decide to implement alternative no. 3, the following actions would need
to be accomplished:
° Retransfer the right to acquire GDU water and wastewater facilities back from
Indian River County to the City of Sebastian, and void the December 12, 1990
assignment agreement, and repeal Resolution No. R-90-55.
° Amend or replace the Intergovernmental Agreement between the City and
Indian River County with a new agreement to be entitled City of
Sebastian/Indian River County Interlocal Utility Agreement, as well as
modifying Resolution R-87-7. Components of this Agreement will include the
following:
1. construction of a flow diversion facility and meter facilities,
2. transfer of customers, future reservations, and certain assets to
the City from the County, and
3. a transmission capacity cost sharing agreement.
HES/ch
R3/91-064.00/Section4 4-8
° Modify the Indian River County Franchise to allow the County to continue to
own, operate, and maintain the forcemain in the City. Gradually phase out
Resolution No. R-87-6.
.. Modify Ordinance No. 0-87-1 and Resolution R-87-85 to transfer assessments to
the City, modifying Intergovernmental and franchise clauses.
.. Be sure that the City's current rate ordinances (Ordinance No. 0-81-8A, 0-81-
8B, 0-81-8C, and 0-83-7) are incorporated into the Code of Ordinances.
Amend Ordinance No. 0-78-6 as amended, regarding the granting of rates.
° Authorized necessary legal studies in documents in order to acquire the GDU
water and sewer systems pursuant to the option franchise clauses.
° Schedule, notice and hold the necessary Chapter 84-84, Laws of Florida herein
., to determine the propriety of acquisition.
Begin the process of acquisition pursuant to Ordinance Nos. 0-81-8 and 0-81-9.
4.5 EXISTING WATER AND WASTEWATER SYSTEM REQUIREMENTS
As summarized in Section 2 of this report, there is one (1) utility, GDU, which provides the
majority of the water and wastewater service within the incorporated limits of the City of
_ Sebastian, even though there are three (3) other water and/or wastewater franchise areas with
the City limits (Indian River County, Lake Delores and Sebastian Lakes). The Sebastian
Highlands WTP is a lime softening, filtration and disinfection facility with a design capacity of
671,000 gpd. The WTP is presently providing an average finished water demand of
approximately 302,000 gpd during the last three (3) months. The existing condition of the
wells, transmission/distribution systems, equipment and miscellaneous facilities is unknown at
this time, since GDU has prohibited HAI from investigating the facilities. The Sebastian
Highlands WWTP is an extended aeration activated sludge treatment process with a design
capacity of 300,000 gpd; however, the effluent disposal system (percolation ponds) have a
limited disposal capability of 142,000 gpd. During the past three (3) months, the influent
HES/ch
R3/91-064.00/Section4 4-9
so
wastewater flow to this WWTP has averaged approximately 113,000 gpd with a maximum
daily flow of approximately 136,000 gpd. As was the case with the water system, GDU did
not permit HAI to conduct an engineering investigation of the wastewater collection, treatment
and effluent disposal facilities; thus, the existing condition of these facilities is unknown.
Based on the population projections developed in the Indian River Comprehensive Plan,
projections for future water and wastewater needs were developed. In 1995, approximately
1.52 million gallons per day (MGD) will be required for water and wastewater service, if the
entire population of the City is provided with water and sewer service. By the year 2000,
these will increase to over 2.0 MGD and by the year 2010, the water and wastewater
requirements will increase to over 3.1 MGD.
Based on our preliminary investigation of the facilities (i.e., permits, correspondence, reports,
etc.) the WTP will need to be expanded to 1.342 MGD, institute TTHM control, operate the
facility as a lime softening plant and develop three (3) additional raw water supply wells prior
to 1995. Additionally, extending service to areas that have become more populated should
always be considered. As service is extended, the WTP should be expanded accordingly to
meet the demands. Raw water supply should not be a major problem, due to the
hydrogeologic conditions that exist in this area. The preliminary cost estimate to expand the
WTP to 1.342 MGD, utilizing the same water treatment processes and as described above, is
approximately $1,276,000.00.
The WWTP was evaluated utilizing the same type of data that was utilized for the WTP.
.. Based on this evaluation, there appears to be an immediate need for effluent disposal, since the
method of effluent disposal is permitted for only 142,000 gpd, or 47.3 percent of the WWTP's
treatment capabilities. It is recommended that off-site effluent disposal sites (i.e., golf
courses) be investigated, due to the site limitations for ultimate expansion (2010). Based on
the rainfall data, existing soils data from the Soils Conservation Service (SCS) and
hydrogeological data for this area, effluent disposal should not be a problem. A second
concern for this facility is its ability to meet the requirements of Chapter 17-640, Domestic
Wastewater Residuals, of the FAC; however, this will not have to be addressed until the
facility's permit expires, at which time definite expansion of the WWTP will be required.
Based on the configuration of the existing WWTP, it is advantageous to expand the WWTP to
0.6 MGD, provide filtration and utilize the golf course as a method of effluent disposal.
Additionally, the City will have to build a flow diversion pump station, and acquire the
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�" R3/91-064.00/Section4 4-10
existing County wastewater collection system and pump stations on CR 512 and Main Street.
The total estimated cost for the WWTP expansion, as described above and excluding line
extensions, is approximately $2,345,000.00.
4.6 APPROACH
The City of Sebastian desires to exercise its option for purchasing the water and wastewater
facilities from GDU, as well as "unbuckling" the franchise agreements with Indian River
County. Prior to the GDU facilities being purchased, the City should focus their goals to the
protection of the public's health, safety and welfare. In our opinion, it is .in the City's best
interest to own and operate the water and wastewater facilities as we previously mentioned.
The reasons for ownership and operations are as follows:
° Control of growth, development, etc.
The ability to control operations, rates, service extensions, allocation of capital
improvements, etc. If ownership is others (i.e,. County), the City may have a
lesser voice in the above or many other local, yet important, since the City will
not have total control.
From a legal standpoint the approach is fairly cut and dry, in which the first step would be to
.. amend, dissolve and/or replace the agreements with Indian River County. The specifics
regarding the approach from a legal standpoint was previously described in subsection 4.4.
From an engineering standpoint, the first step of this acquisition will be to conduct an
engineering survey of the facilities and request that GDU provide the City with standard
.. engineering (i.e., as -built drawings, reports, etc.) and financial information regarding the
water and sewer system. These requests are normally accessible and available for a regulated
utility. On April 25, 1991, Mr. Robert S. McClary, City Manager of the City of Sebastian,
wrote a letter to Mr. Greg Kisela, Vice President, Operations, of GDU, requesting that HAI
be permitted to conduct an engineering survey of the water and wastewater facilities. To date,
no response from GDU has been received. Concurrent with the first step, the City should
work with the County in forming an interlocal agreement between the City and County for
back-up and potential supply, cooperation, interconnects, transmission cost sharing and
emergency supply. Additionally, the County should transfer back to the City the customers,
HES/ch
R3/91-064.00/Section4 4-11
future reservations and certain assets located in the City limits.
The second step of this acquisition would be to conduct a thorough evaluation of the system
.. complying with Section 180.301, FS, that will provide the best information and analyses for
decision making purposes of the City Council.
Concurrently with the second step would be to integrate the existing facilities (i.e., pipelines,
pump stations, etc.) installed by the County inside the City limits of Sebastian into the City's
' system. This will require the design and construction of a flow diversion and metering
structure, most likely at the Schuman Drive intersection where the existing 24 -inch force main
along the Florida East Coast (FEC) Railway is installed. This structure will permit the County
to still treat the flows generated north of the City (i.e., Roseland), as well as provide a backup
for the County, should shutdown of the County's system (Hobart WWTP) located south of the
structure be required. The integration of the system should be accomplished in such a manner
so as to not significantly impact the overall water and wastewater master plans.
Concurrent with the above structured approach, as well as the legal approach summarized in
.. subsection 4.4, is the development of a financial plan and report for the acquisition of the
water and wastewater facilities. Both the financial plan and report will utilize information
obtained during water and wastewater the systems evaluations (i.e., capital, O&M, integrity of
facilities, etc.), data analyses and implications of the legal aspects (i.e., cost sharing, transfer
.. of customers, etc.).
Other miscellaneous tasks that need to be accomplished to provide an accurate evaluation of
the impacts of acquiring the GDU system include:
° The development of utility standards, extension policies, policies and procedures
manual, etc.
° User rates, capital charges, etc.
° Standard developers agreements.
° Ordinances and resolutions.
HES/ch
R3/91-064.00/Section4 4-12
° Water and Wastewater Master Plan for the City of Sebastian.
The overall utility acquisition approach is illustrated in Figure 4-1.
4.7 IMPACTS OF PURCHASE ON UTILITY CUSTOMERS
Since the City of Sebastian is considering the exercise of its option, which is purchasing the
water and wastewater facilities from GDU, the impacts of the purchase on the customers of the
utility, both positive and negative, should be taken into consideration. The customers of GDU
are the true party in interest in any proposed acquisition. Their position, both before and after
any acquisition, should be of pivotal concern in determining the public interest.
The positive impacts on the utility customers resulting from the purchase by the City of the
water and wastewater facilities are anticipated as follows:
° City control of the operation and expansion of the system will not be subject to
land development aspects.
Concurring provisions require that appropriate "Levels of Service" and
infrastructure capacities and integrity be established to accommodate growth and
development. These needs are properly considered on a scale where logical
., extensions of service and economics of scale can be realized. Utility acquisition
as a part of subregional or regional systems can provide the necessary base from
., which proper services can evolve. .
Under City ownership, the level of water and wastewater services provided to
the customer can significantly improve.
° The water and wastewater systems will become more reliable under City
operations due to more stringent design standards and operation/maintenance
., procedures. Subsequently, the improved management of these systems will
allow the City to directly protect the public health and the environment.
HES/ch
R3/91-064.00/Section4 4-13
0
DOCUMENTATION
FOR PURCHASE
• iLJNJCE
PLM • AGREEMENT EXHIBITS • PURCHASE AGREEMENT • NNANCVL
REPORT
• 160.]01 "FARING • 180,301 HEARNG
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• USER RATES • RESOLUnONS
PROCRWS
• CAPRAL C AGES • ORDINANCES
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• VnR STANOARDS • SEWER ORDRANCES
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TINANCED BY OTHERS
• POUDES PROCEDURE • STD. DEVELOPERS AGREEMENT
NANUAL
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HARTMAN & ASSOCIATES, INC. UTILITY AQUISITION
engineers, hydrogeologists, scientists k management consulLants INVESTIGATION
SOUTHEAST BANK BUILDING
FLOW CHART
SUITE 1000 • E ( EAST' PINE STREET • 07) 839-3 32001 Figure 4 - 1
TELEPHONE (407)639-3955• FAX (407) 039-3790
OPERATx1NSPRMTTIATION
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NO.%D 6 UE
k PURCHASE
PROCRWS
INSURANCE COSfs
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I STATEUENT PRO EORW. ENGINEERS RPT
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TINANCED BY OTHERS
axe
HARTMAN & ASSOCIATES, INC. UTILITY AQUISITION
engineers, hydrogeologists, scientists k management consulLants INVESTIGATION
SOUTHEAST BANK BUILDING
FLOW CHART
SUITE 1000 • E ( EAST' PINE STREET • 07) 839-3 32001 Figure 4 - 1
TELEPHONE (407)639-3955• FAX (407) 039-3790
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° Regulatory decisions concerning the sewer system will be made by local
., representatives of the customers who will be more aware of local requirements,
and they will be more sensitive to the needs of the customers.
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° The City will have centralized records for water and wastewater and therefore,
will more accurately be able to plan for future customer needs.
° Substantial financial advantages will be available because City -owned utility
systems are not subject to federal and state income taxes, gross receipt taxes, or
corporate profits as privately owned utility systems.
° The City has access to lower-cost financing, subsequently the cost savings will
be passed on to the customers. Additionally, the City is eligible for state and
federal subsidies for capital improvements, which can also lower the customers'
rates.
° Generation of revenue for further improvement and/or expansion of the system.
° Full capital cost recovery from growth or new customer connections.
° The purchase is the first step in creating a unified water and wastewater utility
service.
The negative impacts that could result from the City's purchase of the water and wastewater
systems are as follows:
Some administrative and operational inconveniences during the transition period
of ownership change.
Possible short-term increase in rates and charges to existing customers.
Development of a billing/bookkeeping/accounting system.
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83/91-064.00/Section4 4-15
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SECTION 5
COMPARISON OF THE CITY OF SEBASTIAN AND
5.1 INTRODUCTION
INDIAN RIVER COUNTY PLANS
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As described in the previous sections of this report, both the City and County want to provide
water and wastewater service to the customers within the City of Sebastian. In our opinion,
both entities are capable of providing a quality and a high level of service to the utility
customers. This section will not elaborate on one method of treatment oyer another, but will
compare the County -owned system versus the City -owned system and the impacts that it may
have on the residents of the City.
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5.2 CITY/COUNTY COMPARISON
The County system will provide water and wastewater services to the City of Sebastian, as
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well as outlying areas, as described in the Water and Wastewater Master Plans, as well as the
Indian River County Comprehensive Plan. Initially, water and wastewater service will be
provided to a portion of the City by 1995. Specifically, the water and wastewater service area
consists of the U.S. Highway 1 corridor from the Hobart area northward to the Roseland area
and along Fellsmere Road (CR 512) to Vero Lake Estates, then an area just north of CR 512.
Presently, the County provides wastewater to a portion of the City along Main Street, CR 512
and Indian River Drive. By the year 2010, the County proposes to provide water and
wastewater services to the entire City of Sebastian, as well as a number of outlying areas (i.e.,
Fellsmere, Roseland, Wabaso, etc.).
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The City will only provide water and wastewater services within the limits of the City.
_ Outlying areas in unincorporated Indian River County may be provided service upon the
following conditions:
° if the area is annexed into the City
° the service is determined to be economical
there is a public health, welfare and safety concern
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R3/91-064.00/Section5 5-1
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The expansion of the water and wastewater systems will be determined based on the water
demands, wastewater generated and growth in the City. It is anticipated that based on the
projected growth and the fact that the City of Sebastian is the presently fastest growing and is
anticipated to be the largest city in Indian River County by the year 2005, the development of
., the utility systems may have to proceed at a greater pace than described in the Water and
Wastewater Master Plans.
It is assumed for the purposes of this report that both systems, whether it be County- or City -
owned, will be designed, operated and maintained to meet all local.,state and federal
regulations regarding potable water supply, treatment and distribution, wastewater collection,
treatment and disposal, and sludge management. Additionally, we firmly believe both entities
'• are capable of owning, and operating and maintaining water and wastewater facilities. The
County has considerable utility experience, and has the staff available to operate and maintain
., the water and wastewater facilities. However, we do not feel that an existing operating and
maintenance staff with utility experience is of great concern. In our opinion, the City of
Sebastian can maintain high-quality and cost-effective service in the operation of the utility
once it is acquired. Furthermore, it is likely that all or most local employees of GDU, other
than those at the highest levels of management, would be given the opportunity to continue in
the operations. In our experience, local employees who have operated the system for a
number of years are generally eager to join the government operation once the acquisition is
complete. The skill of these employees, as a group, would seem to be apparent based on the
absence of noted operational deficiencies in the records of the FDER, IRCHD and USEPA.
Although the City has limited experience in the operation of a utility, members of its staff have
individually had substantial experience in utility matters, and with the services of the existing
utility personnel and others available through consultants, a smooth operating transition is
likely. Therefore, there appears to be no advantage over whether the City or County owns and
operates the water and wastewater facilities, based on utility operations experience. Even
though the City will most likely obtain the services of many GDU operations personnel, and
the fact that Robb McClary has over 15 years of utility experience, as well as having a
^ registered City Engineer, it is still recommended that the City pursue an individual to serve as
a public works director. The management of a water and wastewater system is a full time job
^ and would require more time than both Mr. McClary and the City Engineer have.
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HES/ch/mg
R3/91-064.00/Section5 5-2
The only apparent advantage that the County has over the City in owning and operating the
water and wastewater facilities is that they will not be burdened by the need to develop a staff
to handle billing for the utilities. A utility billing system is quite involved and the County has
experience in utility billing for their systems. It is therefore recommended that if the City
acquires the water and wastewater facilities that their billing and accounts department be
., staffed and upgraded to handle the water and wastewater billings.
., For the City to own and operate the water and wastewater facilities, there are a number of
advantages. First and most importantly, the City will be able to control its own destiny. For
example, the City of Sebastian is the fastest growing city in India_ River County and
anticipated to be by the year 2005, the largest. Based on this information, the City will need
to have some control over utilities and its availability to its residents. If the County owns and
operates the utilities, growth can conceivably be controlled by the County and not by the City,
as desired.
rSecondly, the City can control the water and sewer rates within the City. If impact fees
r continue to increase ($4,121.00 by 1993), growth can significantly be impacted. The existing
County water and wastewater impact fees are presently approximately forty (40) percent higher
than GDU's current impact fees ($3,613 vs. $2,545). Furthermore, the residents of the City
r' of Sebastian would not have to pay for other facilities that are operating inefficiently and/or
are costly. The customer rates would be based on the utilities which specifically serve them
and not all the County water and wastewater systems combined. From present date to fiscal
year 1993, the Indian River County monthly water and sewer rates will increase approximately
21.4 percent ($41.59 in 1991, $49.49 in 1992 and $50.49 in 1993), based on a consumption of
5,000 gallons per month. Based on a survey of local municipalities, adjacent counties and
private utilities Indian River County has the highest rates in the area. The existing Indian
River County water and wastewater rates are approximately 4.5 percent higher than GDU's
current rates and will be approximately 24.6 percent higher than GDU's current rates in 1992.
The County has determined that it would not be cost-effective to operate two (2) WTP's and
WWTP's within two (2) miles of one another and therefore, the GDU facilities would then
either be abandoned or converted to perform a secondary function (i.e., storage/booster
station, regional lift station, etc.). Although HAI has not been permitted by GDU to conduct
an engineering evaluation of the existing equipment at the WTP and WWTP, we feel, based on
.. the age of the systems, that the equipment should be in good operating condition and can be
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R3/91-064.00/Section5 5-3
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utilized to perform the function desired. However, the actual condition of the equipment and
.. appurtenances must be determined based on an engineer's evaluation of the facilities that will
have to be performed.
Of utmost importance is the citizen's of the City of Sebastian "voice" or voting power. If
.. controlled by another entity, the customers, most likely, may not have as strong of a "voice"
in operations, rates, service extensions, allocation of capital improvements, or many other
local, yet important, matters.
Therefore, based on the above, the City of Sebastian is the best entity to acquire GDU.
.. Moreover, in our opinion, it is in the City's best interest to own and operate the water and
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wastewater facilities.
5.3 ADVANTAGES AND DISADVANTAGES OF CITY OWNERSHIP
This section provides the initial advantages and disadvantages to City ownership versus the
r, continuance of utility services through investor -ownership (GDU) and County ownership
(Indian River County). Through City ownership all citizens within the City of Sebastian
would have the same type entity, rate and charge schedule, management, and policy for water
^ and sewer service. We have reviewed the existing GDU tariff and believe that this tariff with
modifications could be implemented under City ownership. Therefore, we have taken our
analyses based upon the modified GDU tariff, as well as the beneficial capabilities of the City
financing for system extensions to connect to the transmission facilities of both the water
and/or wastewater systems.
r Table 5-1 present the GDU Sebastian Highlands system versus Indian River County system
cost comparison. Note that the total monthly bill for the GDU Sebastian Highlands system is
$39.72 per month versus the County's $41.59 per month. In the future the County has
proposed and approved significant rate increases which would make the difference between the
County and GDU Sebastian Highlands system greater for a typical customer.
The major difference between the GDU system and the Indian River County system is in the
^ connection fees charges by each entity. The total connection cost which includes the meter
setting fee, the water connection fee and the wastewater connection fee is $2,545.00 for the
Sebastian system. In contrast, using the 1991 rates, the similar cost for the Indian River
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R3/91-064.00/Section5 5-4
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Notes:
(1) Based upon approved County rate schedules for 1991. Note that rates will increase
significantly in future years.
(2) Based upon GDU tariff and ENR inflator factors.
GCH/ch
R4/91-064.00/Table5-1 5-5
TABLE 5-1
GDU SEBASTIAN HIGHLANDS
SYSTEM
VERSUS INDIAN RIVER COUNTY
COST COMPARISON
Description
Sebastian (GDU)
Indian River County
Monthly Rates
5/8" Meter Type
5,000 gal.
Water/mo.
$19.25
$17.75(1)
Sewer/mo.
$20.47
$23.84(1)
Connection Fees
Water
$1,214.00(2)
$1,320.00(1)
Sewer
$1,331.00(2)
$2,163.00(1)
Water Meter Cost
Included in Water
$130.00
Connection Fee
Customer Deposit
$50.00
$50.00
Assessment Sewer
None
Based upon Capital
Necessary
Capacity Reservation Fee/mo.
None
$6.90(2)
$13.80(2)
CIAC Required
Yes
Yes
Notes:
(1) Based upon approved County rate schedules for 1991. Note that rates will increase
significantly in future years.
(2) Based upon GDU tariff and ENR inflator factors.
GCH/ch
R4/91-064.00/Table5-1 5-5
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County system is $3,613.00. These costs are comparable solely for the water supply,
treatment and transmission facilities, as well as the wastewater transmission, treatment and
reclaimed water reuse facilities. Note that there exists a $1,068.00 between the two systems
and that difference is projected to be increased significantly in the future by Indian River
County.
The above connection fees do not include line extensions, collector pump stations, collector
,., interceptors, and distribution piping and hydrants for customer service. Many times such
facilities may cost twice as much as the values listed above. It would not be unreasonable to
project that the cost of the water and sewer combined infrastructure normally dedicated to the
utility and paid for by the customer may cost from $5,000 to $8,000 for the County system
and for expansion of the GDU system the cost would be between $3,500 to $5,500. Our
'n preliminary estimate is that a citizen of the City of Sebastian would save between $2,500 to
$3,500 total in capital cost by City ownership versus County customer connections.
The existing GDU customers in Sebastian Highlands and the logical future customers to the
r. GDU Sebastian Highlands system within the certificated area would not experience a cost
reduction with City ownership. Most likely, the same rates and charges would be maintained
and there would be no negative impact, yet no positive impact. The County, in contrast, can
not purchase the GDU system under the same terms and conditions as the City of Sebastian.
Moreover, the County does not have a claim versus GDC as the City of Sebastian presently
r has against the parent corporation which owns GDU. If the County acquired the GDU
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Sebastian Highlands system one can expect that the rates would increase significantly as well
^' as the capital charges would be increase significantly. Moreover, the existing capital assets of
the GDU wastewater treatment and effluent disposal facilities would be demolished and have
,. that portion of the monies paid for the acquisition wasted and required to be recovered from
the existing and future Sebastian water and wastewater customers. On a comparative basis, we
PIE can not conceptualize of any possible option in which the City of Sebastian would pay more
money for the GDU system than Indian River County and we can not conceptualize any
circumstance which the City of Sebastian would pay more for service to the existing customers
rof the Sebastian Highlands system than Indian River County would require. In other words,
considering the County alternative of acquisition of the GDU Sebastian Highlands system, the
i' City has a market and distinct advantage in cost and asset continuity over Indian River County.
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R3/91-064.00/Section5 5-6
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The customer deposits for both systems are the same. The sewer assessments are based on
rcapital recovery for Indian River County. Such an assessment would also be required under
City ownership and City financing. This assessment per month could be less due to the line
I extension revenue fund approach and will have a lesser capital total as delineated above.
Finally, the total capacity reservation fee of the County exceeds $20 per month. This cost, of
over $240 per year per ERC, would not be in affect in the City.
Both the City and the County would have to require contributions -in -aid -of -construction be
donated to the utility for the provision of service.
Table 5-2 delineates the advantages and disadvantages of City ownership. City ownership
provides for monthly rate control, special fee control, containment of capital charges and the
minimization of contributions -in -aid -of -construction required for service. All of the above
result in a much lower cost to the customer than for County ownership. County ownership
reflects County's cost of service. The County is in a competitively worse position to provide
service due to the long distances which flows must be transported, as well as the regional
requirements of demolishing existing system assets and thereby eliminated the potential of
optimizing existing facilities.
The City has the ability to establish a separate and distinctly different tariff than the County.
This provides the ability to continue the GDU tariff rate structure, the ability of the City to
finance portions of line extensions and recover costs from customers affected. The ability to
control utilities services and better manage growth associated therewith in compliance with the
City's comprehensive land use plan is a distinct advantage.
Under the existing agreements the City has a responsibility of policing a County program and
the assets of the City's customers would become assets of either GDU and/or the County.
_ Under City ownership, the City is policing its own program and the assets of their utility
systems will remain in the ownership of the City and not the third party.
The disadvantages of City ownership include the responsibility of the a 24-hour, 7 -day a week
water and wastewater operation, maintenance and permits, provision of engineering services,
legal services, and management of the overall water and wastewater systems. These functions
will require additional City staff and the hiring of many of the GDU staff. The City will also
become responsible for water and wastewater financing decisions, although the utility
.. HES/ch/mg
R3/91-064.00/Section5 5-7
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TABLE 5-2
ADVANTAGES AND DISADVANTAGES OF CITY OWNERSHIP
ADVANTAGES
o Monthly rate control - only cost recovery.
o Special fee control.
o Containment of capital charges.
o Minimized contributions in aid of construction (CIAC) requirements for service.
M o Continuation of GDU tariff rate structure.
o Ability to City finance portions of line extensions and recover costs from customers
affected.
o Ability to control utility services and better manage growth.
on
o Lower total costs to the customer due to the expansions of an adjacent utility system.
o Elimination of City policing and County Program.
,., o Assets become assets of the City and not GDU or the County.
DISADVANTAGES
o City becomes responsible for water and wastewater operations, permits, engineering,
legal and management. (City is already responsible for rates, collections, and County
program police powers).
o City becomes responsible for water and wastewater financing decisions (utility
customers continue to be the surety for all debt).
OR o City must undergo transition and acquisition period with County and acquisition period
with GDU.
GCH/ch
R4/91-064.00/Table5-2 5-8
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customers would continue to be the surety for all debt. The City would also undergo a
r transition and acquisition period with both the County and GDU to consolidate water and
wastewater services under City ownership. This transition period may create a period of
confusion and would require excellent and timely communications between the City, County,
GDU and the citizens within the City limits of the City of Sebastian.
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5.4 RISK ASSESSMENT
Prior to undertaking the ownership of utility the risks of ownership should be assessed.
Generally the areas of risk are involved with the following:
° The service area and customers dedicated to the system.
The transition plan and legal agreements associated with the implementation of
r ownership.
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The franchise agreements and agreements with the County to provide for City
ownership.
The acquisition of GDU.
M Financing the necessary costs associated with ownership.
r0 The ability to expand the system and maintain high quality service.
Table 5-3 provides an overall assessment of the various events delineated above. Fortunately,
in this situation, the County has cooperatively worked with the City regarding this issue and
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has commented to assist in the endeavors to effectuate City ownership. In this regard, Mr.
Pinto has agreed to the definition of service areas and the customer base of the existing and
future utilities services. Generally, Mr. Pinto stated that those customers within the City
r would become customers of the City's system and those customers outside the City limits
would be customers of the County's system. Of course this situation would have certain
exceptions, as appropriate, but generally would hold true for future utility planning and
investment. This definition of service area and customer base, of course is subject to County
,. Commission approval, as well as City Council approval. Moreover, we discussed with Mr.
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83/91-W.00/Section5 5-9
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TABLE 5-3
RISK ASSESSMENT
CITY OWNERSHIP OPTION
Event
o Definition of Service Areas and Customer
Base
o Transition Concept Plan Where Customers
of County Within City Stay Connected
Until City Facilities Available, Purchase
of Certain County Facilities, Cost Sharing
of Other County Facilities, County/City
Wholesale Agreements
o Transfer Back of Franchise Agreements,
Unbuckling of Previous City/County
Agreements, Establishment of New City/
County Agreements
o Acquisition of GDU - Sebastian Highlands
Water and Wastewater Systems
GCH/ch
R4/91-064.00/Table5-3 5-10
Assessment
Agreed to with Terry Pinto, subject to
County Commission and City Council
Approval
Agreement in Concepf'only with Terry
Pinto, subject to legal agreement
Preparation and City and County Approval
Offer Made by Indian River County
Commission, Accepted by City of
Sebastian City Council, Subject to Legal
Agreement Preparation and City and
County Final Execution of Agreements
Provided for in City - GDU agreement.
The City will probably have to enforce the
agreement to obtain GDU facilities and
operations. Most GDU employees will
remain under City ownership. GDU has
lost the two (2) top revenue producing
systems of the Company (Port Charlotte
and Port St. Lucie) and has franchise
agreement enforcement arbitrations pending
for the next two (2) largest systems (Port
Malabar and North Port), leaving only
Sebastian Highlands as the sole franchise
agreement water and wastewater system not
under acquisition. The remaining systems
are non -agreement "free-market" small
systems. This acquisition is a matter of
right for the City.
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o Financing
o System Expansion
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GCH/ch
R4/91-064.00/Table5-3
TABLE 5-3 (Continued)
RISK ASSESSMENT
CITY OWNERSHH' OPTION
5-11
Assessment
HAI has been involved in 60 Florida utility
acquisition programs, a few of which were
similar in many respects to this situation.
We have always been able to obtain cost-
effective financing'' This important
component is subject to a City approved
finance plan.
Based upon our evaluations to date, we
believe all contemplated system expansions
are implementable through the next
additional 3,000 ERU's or approximately
7,500 persons. We have not conducted
conceptual planning beyond this level; yet,
such planning could be conducted.
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Pinto the concept plan where the County would continue to serve those customers connected to
i their system and those customers who would connect to their system in the time period
between the implementation of City ownership and the actual ability for the City to serve such
•* customers through newly provided capital facilities and the acquisition of GDU's facilities.
HAI and Mr. Pinto concurred that certain County assets would be acquired by the City since
they serve only in City customers, certain County assets would be cost shared between the
County and City where the City would be utilizing major transmission force mains of the
_ County and a wholesale agreement between the County and the City for both water and
wastewater services would be acceptable. This approach would provide for in City ownership
for the most cost effective and environmentally sound manner. Moreover, it would provide
for City ownership without adversely impacting existing customers presently served by the
County system. We also discussed the potential of the City providing wholesale water service
for additional water demands in the northern County areas if found to be cost effective in the
future. The cooperation between the County and the City for system interconnects and
wholesale agreements will mutually benefit each entity and we believe the County staff is
committed to effectuate the best possible arrangement for the customers in this area. Of
_ course, these agreements are subject to preparation by each entity's attorneys and thereafter
subject to both the City and County approval. We believe that such agreements can be
negotiated given cooperation by the City and County.
Associated with the above transfer back of certain components the franchise agreements,
unbuckling of the previous City/County agreements, and the establishment of new City/County
agreements are all necessary. This offer was made be the Indian River County Commission
.� and accepted by the City of Sebastian City Council. Of course the actual transfers and
establishment of new agreements are subject to legal preparation and both City and County
_ final execution of such agreements. Nonetheless, it is our opinion that both elected bodies
have agreed in concept and are awaiting preparation of appropriate legal documents to specify
the particular terms and conditions of the transfers and new working relationships.
The feasibility of City ownership is dependent upon the acquisition of GDU Sebastian
Highlands water and wastewater systems. If the City does not acquire the GDU Sebastian
Highlands water and wastewater systems then it is our opinion that the City should not take
.. back ownership for it's water and wastewater customer base.
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" R3/91-064.00/Section5 5-12
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Given the acquisition of the GDU facilities, then the City would have a competitively superior
.. position for service to the potential future customers and existing customers within the City
limits. The acquisition of GDU is provided for in the City - GDU agreements. It is probable
that the City will have to enforce the agreement to obtain the GDU facilities and operations.
In other GDU acquisitions, most of the GDU employees have remained with the system under
.. public ownership. GDU has lost its two (2) top revenue producing systems of the Company
through condemnation. Both the Port Charlotte and Port St. Lucie water and wastewater
., systems have been condemned by Charlotte County and St. Lucie County respectively. With
these two systems taken by public ownership the Company revenues have dramatically
decreased and the key utility systems for both the west coast and east Gust operations have
., been removed. Moreover, the City of North Port and the City of Palm Bay both have
franchise agreements. These franchise agreements are similar to the franchise agreement that
the City of Sebastian has with GDU, yet the other two City agreements are not as strong as the
City of Sebastian franchise agreement. Both cities have won all enforcement battles for the
.. acquisition of GDU. Both systems arbitrators have been identified and the formal arbitration
procedure is pending. The GDU Sebastain Highlands system is the only system remaining that
has a franchise agreement for water and wastewater acquisition which is presently not under
acquisition from the Company. This situation is favorable to the City of Sebastian since the
arguements for business damages, severance damages, and the arguements of the validity of
the franchise agreements have all been litigated and decisions rendered in the Florida court
systems to expedite the process for the City of Sebastian. Moreover, with the two top revenue
producing systems under public ownership, GDU has less revenue producing capability in the
utility operations. Since other utilities are pending acquisition, the Company can not attain
.� those economies to scale necessary for investor ownership due to the "gross -up" tax burdens,
regulatory burdens, franchise fee burdens and private ownership requirements for operating
margin and profit, as well as the substantially greater cost of capital which GDU has at this
time. Such burdens render this system as not as valuable to the parent company as it may have
been only two years ago. Finally, the City is negotiating under the bankruptcy provision the
resolution of certain matters and debts between the parent company (GDC) and the City. Such
negotiations could include the utility if the City desired to do so. We believe that even though
the Company's legal representatives have tired to isolate the two matters, that consideration by
the bankruptcy court would look at a bigger picture and consider the overall matter of the
PM liabilities to the City, as well as the value and potential revenue from the sale of this utility
system.
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83/91-064.00/Section5 5-13
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The HAI professionals have been involved in some sixty (60) Florida acquisition utility
programs. A few of which were similar in many respects to this situation. We have always
been able to obtain cost-effective financing for all utility acquisitions undertaken by our
clients. The financial aspects represent a component of the overall transition plan which is, of
course, subject to a City approved finance plan. We believe that the City should implement an
overall finance plan for utilities operations following acceptance of this feasibility report.
The final risk which need to be assessed is the ability for the present facilities to be expanded
and serve the demand of the customers in the area. Based upon our evaluation to date, we
believe that all contemplated system expansions are implementable serving.the next additional
3,000 ERUs or approximately 7,500 additional persons. This evaluation incorporates growth
in the City for several years. We believe that cost-effective expansion programs at the existing
water and wastewater treatment plant sites not requiring additional land for the treatment
facilities, yet requiring some additional easements and acreage for well sites and effluent
.. disposal facilities, is a prudent and appropriate approach to the problem. We believe that
3,000 ERUs additional growth is significant since this number is almost equal to the existing
number of ERUs within the GDU utility system to date. Providing for this level of additional
growth to the existing system (almost doubling the existing system) should allow the City
adequate time to conduct conceptual planning beyond this level and through the build out of
the overall service area.
In conclusion, we believe that the risks associated with City ownership are not such that the
potential City ownership option should be discounted. In fact, if the City can rely upon the
., good faith of the County in this circumstance then the risk assessment is minimal for the City's
implementation of a sound water and wastewater utility program. Only through competition
by the County would the City's ability be diminished. We are assuming that the County's
statements are made in good faith and that the County will continue to cooperate with the City
to effect appropriate City water and wastewater utility system.
5.5 IMPLEMENTATION SCHEDULE
The preliminary implementation schedule has been developed and is shown on Table 5-4.
.. Graphically, the preliminary implementation schedule is presented on Figure 5-1 for utility
service by the City of Sebastian. It is anticipated that the acquistion of GDU could be
.. completed by May of 1992. Services by GDU would continue through that time. Service by
_ HES/ch/mg
R3/91-064.00/Section5 5-14
CITY OF SEBASTIAN, FLORIDA
SCHEDULEUTILITY SERVICE IMPLEMENTATION
1991
1992
1993
LITILITY BUDGET , STARTUP
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11111-------------------------------------------11111111111111111111111111111111111111111111111111111111111111111111111111111111111111
WATER & WASTEWATER MASTER PLAN
1111111111-----------------------------11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
WATER & WASTEWATER CAPAMY SALE
11111111111111111111---------------------------11111111111111111111111111111111111111111111111111111111111111111111111111111111111111
1111111111-----------11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
1111111111-----------------------------------DESIGN
---1111 111111111111111111111111111111111111111111111111111111111111111111111111111111111
111111111111111111111==============111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
& PERmnNG OF SYSTE)A EXPANSIONS1• IMPROVEMENTS
11111111111111111-------
-- ------- 1111111111111111111111111111111111111111111111111111111111111111111111111
------- -----------
CONSTRUCTION OF FACUTIES
111111111111111111111111111111111111111111111111-----------------
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AVAILABLESERACE , ..
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--
SERVICE AVAILABLE o: 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
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•
consultants I
PROJECT
TABLE 5-4
PRELIMINARY D PLEMENTATION SCHEDULE
CITY OWNERSHIP OPTION
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Task
Start
Complete
Feasibility Report
March, 1991
July, 1991
Implementation Plan
July, 1991
August, 1991
County Agreements
July, 1991
October, 1991
Customer Agreements
July, 1991
-October, 1991
City STDS, R&C, P&P
July, 1991
October, 1991
Utility Budget/Start-up
September, 1991
October, 1991
GDU Acquisition
July, 1991
May, 1992
Master Plan
August, 1991
February, 1992
..
Capacity Sale
November, 1991
May, 1992
Finance Plan
August, 1991
October, 1991
Grant/Loan Applications
August, 1991
May, 1992
Interim Financing
November, 1991
February, 1992
Design and Permitting
October, 1991
July, 1992
..
Construction
May, 1992
September, 1993
City Service GDU
May, 1992
July, 1992
City-wide Service
October, 1993
December, 1993
Service by GDU
Inception
May, 1992
..
Service by County
Inception
September, 1993
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GCH/ch
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IM
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1991 1993
HARTMAN & ASSOCIATES, INC.
engineers, hydcogestogists, scientists A: management consultants
SOUTHEAST BANK BUILDING Figure 5-1
SUITE 1000 • 201 EAST PINE STREET • ORLANDO,FL 32001
TELEPHONE (407)039-3955• FAX (4071 030-3790
the County would continue for those customers to be connected to their system from the
present through September of 1993, at which time those customers to be served by the City
would be transfered to the City.
5.6 PRELIMINARY COST CONSIDERATIONS
Based upon the investigations, analyses and evaluations conducted for this feasibility report,
HAI has developed a preliminary estimate of capital requirements for the future City water and
sewer utility system. Table 5-5 summarizes our estimates for both the water and wastewater
facilities. This table does not include the cost of connection to the system which would
involve individual sewer laterals, pump stations, minor force mains on the wastewater side and
water distribution facilities and fire hydrants on the water side of the utility. The wastewater
capital requirements have been desegregated into various components. We believe that it is
prudent for the City to purchase certain County sewer facilities including two (2) lift stations
and two (2) force main systems. Our estimate of these asset values is $414,000. The City
should also provide for the expansion of the existing wastewater treatment plant from 300,000
gpd to 600,000 gpd and increase its level of treatment from secondary treatment to advanced
public access level of treatment including Class I reliability. The cost of upgrading and
expanding the existing wastewater treatment plant has been estimated to be $790,000. The
^ existing effluent disposal facilities are rated for only 142,000 gpd. These facilities are not
sufficient to serve the existing plant capacity or to serve the expanded plant capacity
anticipated with an additional 3,000 ERUs. The expansion of the existing effluent disposal
facilities would include the provision of reclaimed water force main system and the reclaimed
water major user agreements for spray irrigation of green areas, City golf course and/or
residential use as appropriate. The cost of the necessary facilities to transport the reclaimed
water to the sites identified for attaining 600,000 gpd of disposal of reuse is $675,000. Over
and above the acquisition of the County sewer facilities a flow diversion pumping station will
be necessary. This flow diversion pumping station will tap from the County's regional force
main and redirect wastewater flow to the City's wastewater treatment facility. We have
estimated the cost of the flow diversion pumping station to be $255,000. Note that the County
., regional force main system has not been included in the estimate of capital requirements, due
to the fact that a cost sharing of the annual cost of the facilities is anticipated. The
contingencies for the wastewater portion of the program was estimated to be $211,000
bringing the total wastewater facilities improvement program to $2,345,000.
^
HES/ch/mg
83/91-064.00/Section5 5-17
TABLE 5-5
^ PRELB11NARY ESTIMATE OF CAPITAL REQUIREMENTS
CITY WATER AND SEWER SYSTEM
Description Estimate Component Total Estimate
WASTEWATER
Purchase of County Sewer Facilities $414,000
Expansion of Wastewater Treatment Plant to
0.6 MGD (Public Access) 790,000
_ Expansion of Effluent Disposal Facilities to 0.6 MGD 675,000
Flow Diversion Pumping Station (2.0 MGD Capacity) 255,000
Contingencies 211,000
Subtotal Wastewater Transmission, Treatment and Effluent Disposal
$2,345,000
WATER
Wellfreld Expansion to 1.4 MGD $160,000
Water Treatment Plant Expansion to 1.342 MGD 700,000
Water Storage and Transmission Improvements 300,000
Contingencies 116.000
^ Subtotal Water Supply, Treatment and Transmission
$1,276,000
Acquisition of GDU Water and Wastewater
2.000.000
Subtotal
$5,621,000
Program Contingencies
562.000
Total
$6,183,000
Rounded
$6,200,000
GCH/ch
R4/91-064.00/Table5-5 5-18
The water supply facilities will require expansion to meet the additional 3,000 ERUs for the
system. We have programmed three (3) water supply wells to compliment the existing two (2)
water supply wells of the system. This wellfield expansion would provide a firm wellfield
capacity of at least 1.4 MGD. The cost of the wells and transmission facilities, as well as the
small parcels associated with each well site is estimated to be $160,000. The existing water
softening plant has a capacity of 0.671 MGD. Anticipated under this program would be a
doubling of the existing treatment plant capacity. The doubling of the treatment plant
capacity, as well as the necessary refurbishments at the site are estimated to be a total of
$700,000. The water storage and transmission improvements, including refurbishments and
improvements to existing facilities have been estimated to cost $300,000. The contingencies
associated with the water improvement program were estimated to be $116,000 bringing the
total of the water supply, treatment and transmission infrastructure to $1,276,000.
Eventhough the GDU facilities have not been valued at this juncture we have estimated a not -
to -exceed price of $2,000,000 for the acquisition of the existing water and wastewater facilities
under the terms and conditions of the existing franchise agreement. The above is a
_ preliminary estimate and subject to modification given an appropriate detailed study of the
facility assets and circumstances.
.. Nonetheless, the subtotal of the capital requirements necessary for the complete water and
wastewater facilities as been estimated to be $5,621,000. We have provided for program
., contingencies to include, cost of acquisition, start-up cost, working capital and other utility
initiation/development costs. The program contingencies were estimated to be $562,000. The
total capital required for the overall program was estimated to be $6,183,000. We have
rounded this estimate to 6.2 million dollars for consideration by the City Council.
Table 5-6 provides the preliminary estimate of the capital sources and uses for the City of
Sebastian. The ERUs are detailed on Table 5-5 as discussed previously in this section. The
.. total for the capital program has been estimated at 6.2 million dollars. We propose that the
HES/ch/mg
R3/91-064.00/Sections 5-19
TABLE 5-6
PRELL%IINARY ESTIMATE OF CAPITAL SOURCES AND USES
CITY OF SEBASTIAN, FLORIDA
Description
USES
Program Capital Costs
_ Line Extension Financing
TOTAL CAPITAL NEEDS
SOURCES
Preliminary_ Estimate
$6,200,000
2.000.000
$8,200,000
.. Capital Revenue From 2,000 ERU's Presold Wastewater Connections(l) 2,400,000
_ Future Capital Revenue From 1,000 ERU's Wastewater System(l) 1,331,000
Future Capital Revenue From 3,000 ERU's Water System(2) 3,642,000
Line Extension Capital Recovery(3) 2.000.000
TOTAL CAPITAL REVENUES $9,373,000
Notes:
(1) Based upon $1,200 per ERU for wastewater transmission, treatment and effluent
.. disposal and the GDU rate schedule; not the over $1,400 and increasing County rate.
(2) Based upon the existing GDU water impact fee of $1,214 per ERU.
(3) Based upon full recovery of line extension capital financing.
GCH/ch
R4/91-064.00/Table5-6 5-20
City provide for line extension financing for customers to facilitate the ERUs to the City
system. In this manner, the City will be able to obtain lower cost of capital than an individual
customer can obtain and the City may provide this cost capital spread out over a ten to twenty
., year period with the provision that the customer can payoff the debt at any time or may pay
the full amount upfront. As an alternative, of course, the customer can provide the necessary
_ infrastructure and dedicate the same to the City in compliance with the City's rules,
regulations and design standards.
Considering the above two major components of the capital program a total capital need of 8.2
million dollars is estimated.
The sources of capital are derived from the capital charges and line extension capital recovery
., charges of the system and of course, rates and charges could support a portion of the capital
necessary for system initiation and operations. We have requested from the County the total
.. capital pledged from the approximate 2,000 ERUs presold for the wastewater system. Even
though we have not been able to obtain this information it is estimated that the cost per ERU
was approximately $1,200 on the average; therefore, the preliminary estimate of the capital
revenue from this presale of wastewater connections is $2,400,000. Using the GDU tariff, the
capital revenue from another 1,000 ERUs for the wastewater system if sold all in 1991 would
create $1,331,000 of funding. Of course, the tariff provides for the wastewater connection fee
to increase in accordance with the Engineering New Record (ENR) Construction Cost Indices
.. (ENR). This figure should increase concomitant with the future value of a wastewater
connection; and therefore, should appropriate a present value of the amount stated above. The
future capital revenue from the additional 3,000 ERUs from the wastewater system were taken
at the existing GDU water impact fee level. These ERUs provided a $3,642,000 potential
_ revenue. These revenues, like the wastewater capital charges, would inflate at the ENR Index
and therefore, should represent close to a present value of the funds which could be derived.
It should be noted that the existing Sebastian Highland's tariff and inflater indices based upon
the ENR are much less than the County's capital charges and the County's projected increases
in capital requirements.
Finally, the line extension capital recovery fund would be established, in a manner, such that
the revenues would support the total cost of the system. Therefore, the $2,000,000 of line
extension financing would be recovered by $2,000,000 of capital recovery including all
associated costs for such a program.
HES/ch/mg
R3/91-064.00/Section5 5-21
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We have estimated that the total capital revenues may exceed the total capital needs for City
ownership. This condition provides for potential cost overruns, differences in utility
.. acquisition final costs, potential delays in receipt of capital revenues and other factors.
Nonetheless, it is positive that the identified capital revenues equal and/or exceed a projected
capital need of the system, thereby, not placing and undue burden on rate recovery.
5.7 FINANCING PROGRAMS
The City's financial plan will be developed in the future by the City's engineers,
administration, and financial advisors as appropriate. There are many potential sources for
fmancing for the utility system. This section briefly describes various sources of financing for
potential City ownership of its water and wastewater system.
5.7.1 Transfer of Wastewater Capital Charges
_ The situation of the County rebating approximately 2.4 million dollars of wastewater capital
charges and then the same 2,000 ERUs funding to the City the same amount, provides for a
significant wastewater system capital funding source. The transfer of the wastewater capital
charges for the existing customers may be slightly less than the face amount of $1,200. The
impetus of such customers to transfer the wastewater capital charges from the County to the
.. City would involve the lack of a reserve capacity fee as charged by the County. We would
expect that the transfer of existing wastewater capital charges would be a part of any financing
program.
5.7.2 Wastewater Capacity Sale
As anticipated by the capital expansion program an additional 1,000 ERUs over and above the
2,000 ERUs previously identified will become available. A portion of the 1,000 ERUs may
be sold to individuals and/or corporations desiring service within the City limits of the City of
Sebastian at the prevailing rates and charges. This capacity sale could generate anywhere from
a few hundred thousand dollars to as much as 1.5 million dollars depending on the
.. participation encountered.
HES/ch/mg
R3/91-064.00/Section5 5-22
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5.7.3 Water System Capacity Sale
The 2,000 existing wastewater customers and the potential 1,000 new wastewater customers
., over and above those committed for service would also require water service. The opportunity
exists to have a water capacity sale in a manner to help offset the capital requirements of the
programs. The water capacity sale would generate capital revenues and we believe that
existing commitments for wastewater service would desire a concomitant water service
commitment and pay the capital charges associated therewith. A significant capacity has not
., been encumbered and would be available to generate a significant amount of capital funds for
the financing program.
5.7.4 System Extension/Connection Capital Fund
Many existing wastewater customers are faced with a burdensome situation of providing
hundreds of thousands of dollars of upfront capital to connect to the wastewater system. This
program would allow the City to fund the capital necessary and have the City charge various
_ customers and potential customers in route for their portion of the extension costs over time.
This program would reduce the economic burden upon those few initial customers and more
equitably spread the burden of capital cost over those who have reserved capacity and potential
over those areas which would desire to reserve capacity. It would be possible for individuals
to participate in the extension/connection capital fund while not participating in either the
.. water and/or wastewater capacity sales. Such future customers could then finance the cost of
the system extension/connection and at tax free rates and obtain the economy of scale of the
City program with their payment spread out over a fairly long term (20 years). Such a
program would facilitate customers connecting to the system, improve the environmental
conditions in the City and stimulate utility service growth, all at the same time.
5.7.5 Farmers Home Administration
This federal program contains a pair of funding sources. The first is a grant/loan program
available for rural areas and towns upto a population of some 10,000 persons. The second is a
community facility loan program available to rural areas and towns not more than 20,000
persons. The funds from both programs maybe used to construct or improve water and
wastewater facilities. We have contacted the Farmers Home Administration and based upon
our verbal discussions it is a possibility that the City may qualify for a forty year community
HES/ch/mg
R3/91-064.00/Section5 5-23
facility loan program. It is uncertain at this juncture whether any grant funds would be
available. These funds are normally not available until the project is completed, thus requiring
interim commercial financing. This bridge type of financing is typically conducted with bank
., loans or financing anticipation notes such as bond anticipation notes and/or grant anticipation
notes. Awarding the funds is based upon a priority system. The priority system considers the
population of the area, the public health concerns, the median household income, whether the
improvements are publicly owned or privately owned with publicly owned assets preferred,
and the use of other government funds associated with project. The median household income
existing in the City of Sebastian must be analyzed to determine if potential grant funds could
be made available. Otherwise, only loan funds would be available. The application can be
processed in approximately four to six months. The loan terms presently provide for a forty
year term and the current interest rate is 6.875 %. Note that the Farmers Home Administration
.+ does require statements that the City is unable to obtain long term loan funds on the
commercial market. This requirement would involve a statement from at least one investment
.. banker and one bank stating that the City does not have sufficient capability for commercial
funding and is in need of a federally subsidized program.
5.7.6 State of Florida Bond Loan Program
In accordance with the authority of granted by the Florida Statutes Chapter 70-270, the
Division of Bond Finance and the Department of General Services work in conjunction with
•• the Florida Department of Environmental Regulation (FDER) and sells bonds utilizing the
State of Florida full faith and credit. These bonds are then made available to requesting
municipalities or other governmental entities for water pollution control, water supply and
distribution projects. The major cost to a municipality is the interest on the loan. The grantee
pays the incurred cost by the State in issuing the bonds. Finally, the grantee pays a charge for
.. its proportionate share of annual expenses incurred by the State of Florida to administer the
program. The administrative expenses are not permitted to exceed 0.25% of the outstanding
loan principal in any fiscal year and typically averages less than 0.03%. To qualify, the
grantee must pledge revenues in the an amount sufficient to maintain a 1.33 coverage over the
estimated debt service on the proposed loan in each year that the loan will be outstanding. The
project must be for public purpose and must be approved by FDER as being environmentally
acceptable and technically sound. The loan term is normally thirty years though shorter terms
are possible. The interest rate normally falls between 6.8 and 7.0 percent. Processing usually
takes from six to nine months.
HES/ch/mg
R3/91-064.00/Section5 5-24
5.7.7 Florida League of Cities Pool
The Florida League of Cities has access through a loan pool for financing city projects. The
pool does have restrictive covenants relative to panty bonds and other types of issues
associated with this program. Nonetheless, the loan pool does provide for a low cost method
of initiating a bond issue and providing a coverage level lower than the State of Florida Bond
Loan Program. Typically the coverage level of the pool is 1.25 on the estimated debt service.
Presently the pool funds have an effective interest rate in the order 7 percent over a thirty year
term.
5.7.8 Commercial Bank Loans
Commercial bank loans are readily available for projects of this nature. The main requirement
for eligibility is a proven capability to repay the loan. A number of terms and terms and
interest rate amounts/types are available. This option allows you to better structure the loan
with respect to the situation requiring debt. According to local lending institutions the current
interest rate is 80% of prime for loans less than $3,000,000 with terms of five to ten years.
Such institutions may require the depository account for the utility be placed in their bank to
offset the tax free nature of the paper which they would carry. Certain loan initiation costs are
required. In addition, floating or variable interest rates are available from banks. A bank loan
^- does not require the municipality to provide a down payment, but normally requires a 1.25
debt service coverage.
5.7.9 General Obligation Bonds
General obligation bonds are first supported by the revenues of the system and then provided
an additional support by an ad volrem tax on real property and must be approved by
referendum prior to issuance. This method of financing depends on the amount of real
property owned by the municipality. Interest rates currently are ten (10) x basis points less
than the revenue bond interests rates due to the dual surety provided by the entity. The term
of such bonds are typically thirty years.
HES/ch/mg
R3/91-064.00/Section5 5-25
5.7. 10 Private Placement Bonds
For terms between ten and twenty years private placement bonds are a significant and
.. commonly used method. Private placement bonds are generally categorized as large investor
entities willing to acquire the entire indebtness under the terms and conditions negotiated
between the City and that entity. Several large insurance companies, investment trusts and
company retirement trusts invest funds in this manner. Typically the term is negotiable
between ten and twenty years and the interest rate many vary as well as the principal and
., interest. All the typical terms and conditions necessary for a general revenue bond instrument
are typically required with private placed and negotiated bonds.
5.7. 11 Water and Sewer System Revenue Bonds
Revenue bonds are financial instruments that are retired solely from the revenues generated by
.. the rates and charges for water and sewer service. In other words, the customers of the system
provide all of the surety for this indebtness. No City pledges and no ad volrem taxation
pledges are required in the revenue bond issue. Funds remaining after all expenses have been
paid by the utility system are utilized to service the debt. Revenue bonds do not encumber real
property. Should default occur the bond owners can take control of the water and wastewater
system and operate it until they have recovered their investment or have sold the system to
another party. Unlike, general obligation bonds secured by ad volrem taxes, the electorate is
•• not required to approve the issuance of revenue bonds. In other words, no vote of the City is
necessary soley a vote of the City Council is required in these circumstances. It should be
noted that the debt service coverage is normally required in an amount of 110% of net
revenues with a total coverage of net revenues plus impact fees or connection charges usually
_ exceeding 1.3 times debt service. Financing of this type is generally from twenty to thirty
years in duration and interest rates, though subject to change in the market place, are currently
between 6.8 and 7.1 percent.
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HES/ch/mg
R3/91-064.00/Section5 5-26
SECTION 6
CONCLUSIONS AND RECOMMENDATIONS
6.1 CONCLUSIONS
As a result of this feasibility study, it has been concluded that it is in the City's best interest to
pursue the acquisition of the water and wastewater facilities included in the GDU - Sebastian
Highlands Division and to implement the reversion of the City-wide service are from County
to City control.
The WTP is a lime softening, filtration and disinfection facility with a design capacity of
.. 671,000 gpd. Based on the operating data reviewed, the finished water averaged 286,900 gpd
and ranged from 185,000 gpd to 512,000 gpd. During the last three (3) months, the finished
_ water demand averaged approximately 302,000 gpd. The existing condition of the two (2)
wells, transmission/distribution systems, equipment and miscellaneous facilities is unknown at
this time, since GDU did not permit HAI to examine the facilities.
The WWTP is an extended aeration activated sludge process with a design capacity of 300,000
gpd; however, the effluent disposal is limited to a capacity of 142,000 gpd. Effluent disposal
is currently via percolation ponds. Since January, 1988, the influent flow ranged from 22,000
gpd to 186,000 gpd and averaged 81,800 gpd. However, during the last three (3) months, the
influent wastewater has averaged 113,000 gpd. As was the case with the water system, GDU
did not permit HAI to perform detailed inspections of the facilities.
Based on our preliminary investigation of the facilities, the WTP will need to be expanded to
1.342 MGD, institute TTHM control, the operations modified, and the development of three
(3) additional raw water supply wells will need to occur prior to 1995. As services is
extended, the WTP should be expanded accordingly to meet the demands. Additionally, raw
water supply should not be a major problem, due to the hydrogeologic conditions that exist in
this area. The preliminary cost estimate to expand the water system to 1.342 MGD, utilizing
the same water treatment processes and as described above, is approximately $1,276,000.00.
Based on the evaluation of the WWTP, there appears to be an immediate need for effluent
disposal, since the method of effluent disposal is permitted for only 142,000 gpd, or 47.3
., percent of the WWTP's treatment capabilities. It is recommended that off-site effluent
GCH/ch
R4/91-064.00/Section6 6-1
disposal sites (i.e., green area irrigation, golf courses, etc.) be investigated. Based on the
rainfall data, existing soils data from the Soils Conservation Service (SCS) and
hydrogeological data for this area, effluent disposal should not be a problem. Based on the
., configuration of the existing WWTP, it is recommended that the WWTP be expanded to 0.6
MGD to provide filtration and utilize the public access level reuse as a method of effluent
^, disposal. Additionally, the City will have to build a flow diversion pump station, and acquire
the existing County wastewater collection system and pump stations on CR 512 and Main
Street. The total estimated cost for the wastewater system expansion, as described above and
excluding line extensions, is approximately $2,345,000.00.
It was concluded that the positive impacts on the utility customers resulting from the purchase
by the City of the GDU water and wastewater facilities for Sebastian Highlands are anticipated
as follows:
City control of the operation and expansion of the system will not be subject to
land development aspects.
Concurring provisions require that appropriate "Levels of Service" and
infrastructure capacities and integrity be established to accommodate growth and
development. These needs are properly considered on a scale where logical
extensions of service and economics of scale can be realized.
L]
Under City ownership, the level of water and wastewater services provided to
.. the customer can significantly improve.
_ The water and wastewater systems will become more reliable under City
operations due to more stringent design standards and operation/maintenance
procedures. Subsequently, the improved management of these systems will
allow the City to directly protect the public health and the environment.
Regulatory decisions concerning the water and wastewater systems will be made
by local representatives of the customers who will be more aware of local
requirements, and they will be more sensitive to the needs of the customers.
_ The City will have centralized records for water and wastewater and therefore,
will more accurately be able to plan for future customer needs.
GCH/ch
R4/91-064.00/Section6 6-2
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° Substantial financial advantages will be available because City -owned utility
systems are not subject to federal and state income taxes, gross receipt taxes, or
_ corporate profits as privately owned utility systems.
° The City has access to lower-cost financing, subsequently the cost savings will
be passed on to the customers. Additionally, the City is eligible for state and
federal subsidies for capital improvements, which can also lower the customers'
rates.
° Generation of revenue for further improvement and/or expansion of the system.
,., Full capital cost recovery from growth or new customer connections.
^
The purchase is the first step in creating a unified water and wastewater utility
service.
As with any analyses, there are some negative drawbacks. The negative impacts that could
result from the City's purchase of the water and wastewater systems are as follows:
^
Some administrative and operational inconveniences during the transition period
., of ownership change.
^
Possible short-term increase in rates and charges to existing customers.
° Development of a billing/bookkeeping/accounting system.
6.2 RECOMMENDATIONS
Based upon the investigations, analyses and evaluations conducted for this report, we
recommend that the City of Sebastian:
1. Confirm to Indian River County that the City will accept the GDU Franchise
Agreement and the right for water and wastewater service within the service areas
delineated in Figure 6-1.
GCH/ch
' R4/91-064.00/Section6 6-3
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510
2S
45THST 510
HARTMAN & ASSOCIATES, INC.
r—e—ngineen, hydrogeologists, scientists At management consultants
I
SOUTHEAST BANK BUILDING
SUITE 1000 - 201 EAST PINE STREET � ORLANDO,FL 32801
TELEPHONE (407)839-3955. FAX 407) 839-3790
-16�v r .1 1 %1 19Q7n
SEBASTIAN HIGHLANDS
PROPOSED ULTIMATE WATER &
WASTEWATER SERVICE AREA
Figure 6-1
M
2. Negotiate with Indian River County to develop interlocal agreements for service
territory, wholesale service, cost-sharing of certain assets, the purchase of certain
County facilities, the method and transfer of customers within the City to the City from
.. the County, as well as those necessary documents to cause recommendation #1 to
occur.
M
3. Notify GDU of the City's intention to exercise the purchase option of the City's
Franchise agreement with the Company.
4. Accept this report as the City's "Briefing Document" regarding the "Investigation of
the Existing Utility Franchise and the Advantages and Disadvantages of providing
water and wastewater service for the City of Sebastian, Florida."
5. Retain consultants to assist the City regarding:
A. The implementation of this report's recommendations.
M B. The organization and start-up of a water and wastewater utility for the City.
C. The acquisition of GDU facilities.
D. The negotiations with the County regarding several agreements.
., E. The preparation of utility standards, policies, procedures, rates, charges, code
revisions, forms and other associated activities.
M F. The preparation of a water and wastewater master plan.
G. The preparation of a finance plan.
H. The application to the appropriate state and federal (FHmA) agencies for grants
and financing assistance.
I. General water and wastewater technical services.
GCH/ch
R4/91-064.00/Section6 6-5
^� dbt075/040.51
^
INDIAN RIVER COUNTY ORDINANCE NO. 91- 9
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA.
_ - ESTABLISHING A NEW CHAPTER 201, COUNTY WATER AND
SEWER SERVICES OF THE CODE OF LAWS AND
ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA,
PROVIDING FOR DEFINITIONS; CONNECTION WITH WATER
^
SYSTEM REQUIRED; CONNECTION WITH SEWER SYSTEM
REQUIRED; SEWER CONNECTIONS REQUIRE COUNTY
^
WATER; EXCEPTIONS TO CONNECTIONS; CONNECTIONS
MAY BE MADE BY COUNTY; EQUIVALENT RESIDENTIAL
UNITS; RATES AND CHARGES; IMPACT FEES; EXTENSION OF
,,.
WATER AND SEWER SERVICES WITHIN DEVELOPMENTS;
EXTENSION OF WATER DISTRIBUTION AND SEWER
SERVICES TO DEVELOPMENTS; EXISTING AGREEMENTS;
.,
UNLAWFUL CONNECTION; UNLAWFUL CONSTRUCTION;
CONNECTING EXISTING PLUMBING; MAINTENANCE OF
PLUMBING SYSTEM; PAYMENT OF FEES AND BILLS
.,
REQUIRED; COLLECTION OF SEWER FEES; FAILURE TO
MAINTAIN PLUMBING SYSTEM; NO SERVICE FREE;
SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT;
..
WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS-
-COUNTY MAY BILL TENANT; WATER CHARGES ON NEW
CONSTRUCTION ACCOUNTS; DISCONTINUANCE OF SERVICE
^
FOR NON-PAYMENT, FEE FOR RESTORING SERVICES,
PENALTY FOR TAMPERING WITH WATER METER, CHECKS
WITH INSUFFICIENT FUNDS; PERMIT REQUIRED TO DRAW
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WATER FROM FIRE HYDRANTS; PROHIBITION AGAINST
DAMAGING EQUIPMENT; REQUIRED INSTALLATION OF
BACK FLOW PREVENTION DEVICES; POWER AND
^
AUTHORITY OF INSPECTORS; DISCHARGE OF WATER IN
SEWERS; PROHIBITING DISCHARGE OF SPECIFIED WASTE
AND WATERS INTO THE COUNTY SEWERAGE SYSTEM;
WATER SHORTAGE CONDITIONS; WELLS AND LAWN
SPRINKLER SYSTEMS; AREAS IN WHICH ORDINANCE TO BE
^
EFFECTIVE; PENALTIES AND ENFORCEMENT; REPEAL OF
CONFLICTING PROVISIONS; INCORPORATION IN CODE;
SEVERABILITY; EFFECTIVE DATE
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NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: ..
SECTION 201.01
DEFINITIONS
For the purpose of this ordinance, the following terms shall have the
meanings set forth thereafter. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory: _
A. County is Indian River County, Florida, the Board of County
Commissioners, or the Department of Utility Services, as the meaning indicates.
B. Department is the Department of Utility Services of Indian River
County.
C. Person is any person, firm, partnership, association, corporation,
company or organization of any kind.
D. Water is water from the County water supply system.
E. Base Facilities Charge. The charge imposed by the County for ..
each equivalent residential unit that represents a portion of the cost to the County of
having the system available to serve that equivalent residential unit without regard to �+
volume used.
F. Impact Fee. The fee charged to real property owners to fund ..
the capital cost incurred by the water and wastewater utility to provide capacity to
serve new utility customers.
G. Equivalent Residential Unit (ERU). The amount of water used
or wastewater produced by a typical residential unit, which water use ranges from 0 to
300 gallons per day on a maximum day basis or 250 gallons per day on a maximum
month basis.
H. Combination Accounts. Accounts that contain both residential
and commercial facilities served through a common meter may be treated as either ..
dbt075/040.51
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residential or non-residential, using whichever method of computation results in a
larger number of equivalent residential units.
SECTION 201.02
- CONNECTION WITH WATER SYSTEM REQUIRED
The owner of every lot or parcel of land within the County shall
connect, or cause the plumbing of any building, mobile home, or trailer thereon to be
connected, with the water system of the County, or franchised private utility system,
.. upon the approval of the Department, and use such facilities within 60 days following
notification to do so by the Department. All such connections shall be made in
accordance with the rules and regulations which shall be adopted from time to time
by the County. No connection of existing structures will be required to be made
., unless capacity is available.
SECTION 201.03
CONNECTION WITH SEWER SYSTEM REQUIRED
The owner of each lot or parcel of land within the County shall cause
the plumbing of any building, mobile home, or trailer thereon to be connected with
the public sewer facilities of the sewer system of the County or franchised private
utility system upon approval of the Department, and use such facilities within 60 days
following notification to do so by the Department. All such connections shall be
jTiade in accordance with the rules and regulations which shall be adopted from time
to time by the County. No connection of existing structures will be required to be
made unless capacity is available.
SECTION 201.04
SEWER CONNECTIONS REQUIRE COUNTY WATER
No County sewer service shall be provided without County water service
s
where water service is available except as determined by the Department. If water
service is not available, the customer shall install a meter approved by the County on
any private potable water supply, and the County shall use the meter reading for
purposes of calculating sewer charges.
dbt075/040.51 3
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SECTION 201.05
EXCEPTIONS TO CONNECTIONS ..
This article shall not be construed to require or entitle any person to
-cross the private property of another to make any such sewer or water connection.
SECTION 201.06 `-
CONNECTIONS MAY BE MADE BY COUNTY
If any owner of any lot or parcel of land within the County shall fail and _
refuse to connect with and use the facilities of the water and sewer system of the
County after notification by the Department, as provided herein, then the
Department shall be authorized to make such connections, entering on or upon any
such lot or parcel of land for the purpose of making such connections. The base _
facilities charge of the County shall apply beginning 20 days after notification by the
Department to connect. The County shall thereupon be entitled to recover the cost
of making such connection, together with accrued base facilities charges, impact fees,
interest and attorney's fees, by suit in any court of competent jurisdiction.
In addition, and as an alternative means of collecting such costs or
making such connections, the County shall have a lien on such lot or parcel of land
for such cost, which lien shall be of equal dignity with the lien of state and county and
municipal taxes. Such lien may be foreclosed by the County in the same manner ..
provided by the laws of Florida for the foreclosure of mortgages upon real estate.
SECTION 201.07
..
EQUIVALENT RESIDENTIAL UNITS
Each water and sewer customer's impact fees and base facility charge shall be .,
established on the basis of the number of equivalent residential units (ERUs) of
service required by each customer. The following chart shows the basis for
calculating each customer's minimum number of ERUs.
In cases where a customer's property use extends to more than one category listed
below, the number of ERUs shall be calculated as the sum of the number of ERUs O.
associated with each type of property use and its respective square footage or other
dbt075/040.51 4 No
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basis used for calculating the number of ERUs. Where the calculated number of
ERUs is a fraction, the calculated number shall be rounded up to the next highest
whole number to calculate the number of assigned ERUs.
UNIT DESIGNATIONS
1. Single family home, including modular and prefabricated
2. Private dwelling with rented rooms or boarding house
Each additional room available for rent over 3
3. Apartment
A living unit within a building or group of buildings
containing sleeping room accommodations with a bath
and offered for rent or lease for one month or longer
Per living unit
4. Hotel/motel
Any building or groups of buildings containing
sleeping room accommodations for guests, and
providing the services generally provided by a
hotel or motel and recognized as a hotel or
motel in the community in which it is situated,
or by the industry, and offering daily or weekly
., rates, with a bath or connecting bath for every
rental unit, and occupied only by transient guests.
Any such structure offering a combination of rooms
for rent or lease for longer than a month at a
time shall not be considered a hotel or motel.
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Per occupancy unit
MINIMUM
EQUIVALENT --=_
RESIDENTIAL
UNITS
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1
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1
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5. Recreation Vehicle Park
A place set aside and offered by a person or public body, for either direct or
indirect remuneration of the owner. lessor, or operator of such place, for the
^ parking and accommodation of recreational vehicles utilized for sleeping or
^ dbt075/040.51 5
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eating; and the term also includes buildings and sites set aside for group
camping and similar recreational facilities. ..
Per vehicle space
6. Condominium
.5
That form of ownership of property, under which units
of improvements are subject to ownership by one or more
owners, and there is appurtenant to each unit as part
thereof an undivided share in the common elements.
Condominium property means and includes the land in a
condominium whether or not contiguous, and all improve-
ments thereon and all easements and rights appurtenant
thereto intended for use in connection with the condominium.
Per living unit
7. Mobile home, trailer
A structure which is transportable in one or more
sections, which is built on a permanent chassis and
which is designed to be used as a dwelling with or
without a permanent foundation when connected to the
required utilities.
Per living unit
3. Townhouse
A one -family dwelling in a group of at least
three such units in which each unit has its own front
and rear access to the outside, no unit is located over
another unit. and each unit is separated from any other
unit by one or more common fire resistant walls.
Per living unit 1 .,
9. School
A private or public or not for profit institution
conducting regular academic instruction at kindergarten,
elementary or secondary levels or conducting training
in business or at the vocational. collegiate, or post-
dbt075/040.51
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graduate levels; or a day-care facility providing
_ services to pre-school children
Per each 30 full time pupils & faculty 1
_ Per each 60 part time pupils & faculty
(part time attendance less than 3.5 hours per day) 1
10. Church
An institution that people regularly, attend
to participate in or hold religious services,
meetings, and other activities. The term
"church" shall not carry a secular connotation
and shall include buildings in which the
religious services of any denomination are held. 1
.. Church with banquet facilities 2
11. Club
Buildings or facilities owned or operated by a
corporation, association, or persons for a social,
educational or recreational purpose; but not
primarily for profit or to render a service that is
customarily carried on as a business. 1
Club with dining facilities 3
M 12. Service station
Any premises where gasoline and other petroleum
products are sold and/or light maintenance activities
such as engine tuneups, lubrication, minor repairs, and
carburetor cleaning may be conducted. Service stations
shall not include premises where heavy automobile
maintenance activities such as engine overhauls,
automobile painting, and body fender work are conducted.
Without repair or maintenance facilities 1
With repair or maintenance facilities 2
With car wash per 300 gallons per day water use 1
dbt075/040.51 7
13. Restaurant
Any establishment (which is not a drive-in ,
service establishment) where the principal business
-- is the sale of food, desserts or beverages to
the customer in a ready -to -consume state and
where the design or principal method of operation
includes one or more of the following:
a. Customers, normally provided with an individual
menu, are served generally in non -disposable
containers by a restaurant employee at the
same table or counter at which said items are consumed.
b. Ice cream parlors and other small specialty
restaurants having floor area exclusively within
a shopping or office center and sharing common
parking facilities with other businesses within
the center and expressly prohibiting freestanding
stores having characteristics of a drive-in restaurant.
C. A cafeteria or cafeteria type operation where foods,
desserts or beverages generally are served in
nondisposable containers and consumed within the
restaurant building.
d. Self-service restaurants. where food is generally
served in disposable containers, and customers
generally do the busing and clean-up for themselves
or foods.
e. Customers purchase food, desserts or beverages
for carry -out.
1 to 50 seating capacity
Each additional 15 seats or portion thereof
14. Tavern
An establishment servin, alcoholic beverages in which the
principal business is the sale of such beverages at retail
dbt075/O4O.51 8
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for consumption on the premises and where sandwiches
and snacks are available for consumption on the premises.
1 to 50 seating capacity 3
Each additional 15 seats or portion thereof I
15. Laundry or dry cleaners
A business that provides washing, drying, and/or ironing
services or machines for hire to be used by customers
on the premises. '
Per washing machine
16. Supermarket
1 to 3 water fixtures 1
Per 3 water fixtures thereafter 1
M 17. Commercial business
All nonresidential, non -institutional and industrial
.. establishments, but not limited to and without regard
to whether they are profit or nonprofit organizations
or retail and/or wholesale establishments; including
., stores, garages, cleaning establishments, for -hire
services, and all other business required to obtain
occupational licenses.
Per first 2500 square feet I
Per each additional 5000 square feet or part thereof I
18. Office building
A building or portion of a building wherein services
are performed involving predominately administrative,
professional, or clerical operations.
For first 3,000 square feet I
For each additional 3000 square feet or part thereof 1
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19. Nursing/Convalescent home
A home, institution, building or residence, public
or private, whether operated for profit or not,
- presently licensed by the state, which provides
maintenance, personal care or nursing for a period
exceeding twenty-four hours to three or more ill,
physically infirm, convalescing, or aged persons who
are not related by blood or marriage to the operator.
The definition of nursing or convalescent home does
not include hospitals, clinics or similar institutions ^
which are devoted primarily to the diagnosis and
treatment of the sick or injured.
Per 20 bed capacity 1
For additional 10 staff or segment thereof 1 00
20. Hospital
An establishment that: (a) offers services more
intensive than those required for room, board,
personal services, and general nursing care, and
offers facilities and beds for use beyond 24 hours
by individuals requiring diagnosis, treatment,
or care for illness, injury, deformity, infirmity,
abnormality, disease, or pregnancy, and (b) regularly
makes available at least clinical laboratory services,
diagnostic x-ray services, and treatment facilities
for surgery or obstetrical care, or other definitive
medical treatment of similar extent.
Per bed
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21. Warehouse M
A building used exclusively for the storage of goods
and materials.
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Per 10,000 square foot gross floor area or
part thereof 1 ^
dbt075/040.51
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OR
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22. Industrial & manufacturing plant
A use engaged in the basic processing and
manufacturing of materials or products
predominately from extracted or raw materials,
including citrus, or a use engaged in storage
of, or manufacturing processes using flammable
or explosive materials, or storage of manufacturing
processes that potentially involve hazardous or
commonly recognized offensive conditions or a use
engaged in the manufacture, predominantly from
previously prepared materials, of finished
products or parts, including processing, fabrica-
tion, assembly, treatment, packaging, incidental
storage, sales and distribution of such products,
but excluding basic industrial processing.
Without use of water for processing per
3,000 sq. ft. gross area or for 5 employees,
�. whichever is greater 1
23. Industrial & manufacturing plant using water for
.. processing and/or has discharge to wastewater
system shall be determined on an individual
basis using 250 gallons per day on a monthly
basis for the calculation of units. 3
4. Barber shop -hair dresser
1 to 3 sinks 1
^
Each additional sink 1/3
25. Separate bathroom facilities
Bathroom facilities, including toilets and showers,
constructed primarily to serve another structure or
structures or activity not otherwise served.
ERUs will be assigned as if the bathroom facilities
were a part of the structure or activity served. I
26. Establishments requiring service for irrigation or
fire service will be handled on an individual
basis using 250 gallons per day on a monthly basis for
the calculation of units. In any case, where use exceeds
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250 gallons per day on a monthly basis, units will be
increased or flow will be restricted at the discretion
of the Department. 1
27. In the event that a business is described in the
schedule by general classification but the par- _
ticular nature of said business or structure would
result in an inequitable connection charge if the
schedule were used, the Department in its discretion
may determine that a higher or lower number of units
shall be used. 1
SECTION 201.08
RATES AND CHARGES
A. Billing Charge. A charge will be applied to each bill issued by .,
the Department for billing services.
B. Base Facilities Charge Where Lines Are Available. This charge ..
shall apply to every connected ERU and to each ERU reserved for future use in a
development. This charge will apply until the facility is permanently disconnected
from the system. For developments that have entered into an agreement with the
County for reserving capacity, the fee shall commence upon certification by the
Department that County transmission, collection, and distribution lines are ready for
use. For temporary disconnections, at the time of reconnection, customers will pay
the base facilities charge for each month the facility has been disconnected.
C. Base Facilities Charge Where Capacity is Reserved but Lines are
Not Available. The County may charge less than the standard fee until lines are
ready for use.
D. Volume Charge. A charge will be imposed that is directly
related to the volume of water consumed or sewage treated. The volume charge shall
be increased 20 percent after public hearing within 15 days in the event that the
Water Management District declares a water use emergency in Indian River County.
Any such rate increase shall be rescinded upon termination of the water use
emergency without further action of the County.
dbt075/040.51 12
E. Excess Volume Surcharge. A charge will be made for providing
service to any customer in excess of the level of capacity purchased by the customer
as represented by the number of ERUs assigned to the customer and for which the
-customer purchased capacity through impact fees. Such excess volume use may be
prohibited by the department if additional necessary capacity is not available.
F. Excess Sewage Strength Charge. All sewage discharged into the
sanitary sewer system which has an average concentration of biochemical oxygen
demand (BODS) of 250 milligrams per liter (mg/1) or greater or an average concen-
tration of suspended solids of 250 mg/1 or greater shall be subject to an excessive
strength charge. The amount of the excessive strength charge shall be equal to the
customer's standard base facilities and volume charges multiplied by the greater of
^
either of two factors: the amount of the customer's average concentration of BODS
in mg/l divided by 250, minus 1; or the amount of the customer's average concentra-
tion of suspended solids in, mg/I divided by 250, minus 1. Any customer may sample
its sewage and have it analyzed by an analytical laboratory approved by the Florida
^
Department of Environmental Regulation. The County may sample and conduct
analysis of the sewage produced by any customer to determine sewage strength.
^
Where such analysis demonstrates that the customer's sewage strength exceeds the
standards given above, the customer will be subject to the excess sewage strength
^
charge and shall reimburse the County for the cost of such analysis.
G. Excess Capital Cost Charge. The County may impose a charge
on customers of a system where the water and/or sewer system is acquired by the
County at a cost in excess of that for which impact fees have been paid.
^
H. Deposits Required upon Opening Transferring Reconnecting:
Refund Policv. The County shall require a deposit for each water and sewer account
opened, transferred to another name, or reconnected to the system based on the
_
number of ERUs. The deposit will be retained in an interest bearing account, the
interest on which will be paid to the customer upon refund of the deposit. Upon
discontinuance of service and rendering of final bill, the deposit shall be refunded,
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dbt075/040.51 13
less any amount remaining unpaid. In the event any customer service is shut off for
non-payment, prior to reconnection the customer will pay the accrued base facilities
charge plus, if at the discretion of the Department it is necessary to insure payment, a
deposit equal to twice the customer's average monthly bill in lieu of following the
schedule set forth hereafter. Customers who have not been assessed late payment
fees or been shut off for non-payment for a period of 24 months shall receive a
refund of their deposit; except that deposits of customers who are tenants or who
otherwise rent or lease the structure served by water or sewer utilities will be retained
until service is discontinued to that tenant.
I. Specific Service Charges to be Established by Resolution After
Public Hearing
(1) Water Service Connection: A water service connection charge
will be imposed when County constructs a water lateral from customer's property to
watermain in adjacent street.
(2) Sewer Service Connection: A sewer service connection charge
will be imposed when County constructs a sewer lateral from customer's property to
main in street.
(3) Sewer Service Disconnection: A charge will be imposed when
the County disconnects sewer service for non-payment. The County will charge the
customer for all direct labor, direct materials, direct overhead, fringe benefit factor,
and for the County's indirect costs pursuant to a formula established by the
Department.
(4) Meter Installations Only: A charge, not including the cost of the
meter vault, will be imposed where an existing available usable service lateral is
presently installed.
J. Miscellaneous Service Charges
(1) Reconnection during normal working hours (8:30 AM - 4:00 PM
Monday through Friday excluding holidays): This charge is made upon initial service
connection, change from temporary to permanent service, reconnection after
dbt075/040.51 14
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delinquency shut-off, or for transfer of service from one location to another, where
there was an existing account.
(2) Reconnection during off-duty hours: A charge shall be made for
service reconnection during other than normal working hours specified in
Section 8.J.(1).
(3) Meter re -reads and leak inspection: This charge is for special
inspection at request of customers. If the re -read is a result of an error of the initial
meter reading, this charge will not be assessed to the customer. The leak inspection
charge will be assessed except where leak occurred in County -owned facilities.
(4) Delinquency charge: County shall charge an additional $1.50
plus one and one-half percent (1-1/2%) interest monthly on all outstanding balances
including assessments, fees, charges, and other fees due if payment is not made in
total by each payment deadline date.
(5) General service calls: In all instances where County is requested
to respond to a service call to correct a problem that was not caused by the County,
the County may charge the responsible party for all direct labor, direct materials,
direct overhead, fringe benefit factor and the County's indirect cost rate pursuant to a
_�rmula established by the Department.
(6) Meter test: Upon request of a customer, the Department shall
test a water meter to determine if the meter is operating within established standards,
_ (95 to 101.5 percent of true). If the meter has been tested. within the last 5 years,
there shall be a non-refundable service charge if the meter is found to be operating
accurately. If the meter is in error, i.e., outside the range of 95 to 101.5 percent of
true, then a billing adjustment will be made for a period not to exceed the past
6 months of actual service. There shall be no charge for testing in the event the
water meter has not been tested within the last 5 years. The service charge may be
applied against monies due in the event a meter, after testing, is found to be.
inaccurate with respect to the range established above.
.. (7) Damage repair: All damage caused by the failure of a
contractor or customer to properly locate and isolate water and sewer facilities shall
dbt075/040.51 15
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be repaired by the County and charged to the responsible party under the provisions
of paragraph 'Y of this section; or in the alternative, County may hire a contractor to
perform the repair work and charge the responsible party for the repairs. In
addition, the responsible party shall be fined for each such instance in accordance
with provisions of this ordinance.
(8) Line location --same as general service calls.
(9) Engineering services: These fees will be assessed to defray the
cost of processing a developer's application for subdivision construction, site plan,
reviewing the plans and inspecting the water and sewer facilities as constructed.
(10) Inspection fee: County shall charge on the basis of a flat fee
established by the County or time, materials and overhead, whichever is greater.
(11) Other miscellaneous charges: The County may impose other
charges as necessary and appropriate to recover the costs of providing utility services.
IC Additional costs for complex connections
The specific service charges adopted by the County are based on the
average historical costs of such services. If in the event a particular service required
by a customer is determined by the Department to have a cost which greatly exceeds
the average, then such cost of service shall be negotiated between the Department
and the customer and reduced to a written instrument approved by the customer and
the Department.
L. Annual fire protection charges
These charges are established to defray the cost of providing extra
capacity in the water system and maintaining water and fire protection facilities for
customers having sprinkler systems, private fire lanes, etc., and they are designed to
recover a portion of the availability cost and customer cost. In addition, this cost
covers the additional capacity and expense associated with line size and hydrants in
the fire district.
(1) Hydrants. The fire district wherein the water system and
hydrants are located shall be assessed the charge per hydrant annually. If the hydrant
is accessible by a private entity only, then that entity shall be charged.
dbt075/040.51 16
(2) Fire systems. Each facility with a fire protection system shall be
_ charged annually.
SECTION 201.09
IMPACT FEES
A. Impact fee imposed. An impact fee shall be imposed on each
ERU responsible for creating the need for additional system expansion based on the
equitable portion of the cost of funding the extension of the County's sewer and water
.. systems. The obligation to pay the impact fee shall occur at the earliest of the
following dates: when the capacity is reserved, when a water or sewer permit is
granted, or when a building permit is issued.
B. Change in land use. If a building permit or certificate of
., occupancy is issued for an existing customer that results in a change in ERU designa-
tion, the total number of ERUs for the old and new parts of the facility will be com-
puted according to the definition of ERUs and impact fees shall be assessed on the
difference.
C. Use of proceeds. The proceeds accumulated by reason of the
establishment of the impact fees may be used only for capital expenditures for the
expansion of the County's water system or wastewater system. The funds may be
used for extending, oversizing, or constructing new additions to the treatment plant or
.. distribution and/or collection and interceptor facilities so as to meet the increased
demand which additional connections to the system create.
D. Time payment of impact fee upon showing of hardship. The
County may allow payment of the water and/or sewer impact fees in whole or in part
over a period not to exceed 5 years at such interest rate to be determined by the
Board. A lien for any such amount due shall be executed in recordable form
reflecting the payment schedule and may be filed in the public records of Indian
River County, Florida. Upon all payments being made in full, the lien shall be
released of record.
_ E. Refund of impact fees. Any customer whose monthly water use
or sewage flow remains below the amount corresponding to the number of ERUs
.. dbt075/040.51 17
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assigned to such customer for a period of 24 months and for which impact tees have
been paid, may make application to the Department to reduce the number of ERUs
assigned and seek corresponding reimbursement of impact fees paid. In no case will _
-Jess than one ERU per living unit be assigned. The County may refund impact fees
actually paid, without interest, based on the impact fee schedule in effect at the time
of original payment, provided the Department has resold such ERUs. Subsequent
water use or sewage flow in excess of flows corresponding to customer's number of _
assigned ERUs will be subject to the excess volume surcharge stipulated in Section 8.
SECTION 201.10
EXTENSION OF WATER AND SEWER SERVICES WITHIN
DEVELOPMENTS
Each developer shall be responsible for the design, installation,
inspection and testing of the complete water distribution and sewage collection
systems located in the street or streets adjoining or within the boundaries of the
developer's property. The developer with title to such facilities shall transfer title to .,
the facilities to the County upon completion of construction, inspection, and testing
and acceptance by the County.
Water distribution and sewage collection systems shall include all
component parts of water distribution system including valves, fittings, laterals,
hydrants and all appurtenances as shown upon the approved design of such water
distribution system and all the components of the sewage collection system, including
all collection lines, manholes, force mains, lift or pumping stations, including the site
for same, and all other appurtenances as shown on the approved design for
installation of such sewage collection systems. The developer shall supply the County
with two sets of as -built plans and mylars.
SECTION 201.11
EXTENSION OF WATER DISTRIBUTION AND SEWER
SERVICES TO DEVELOPMENTS
The location, size or proposed densities of a developer's property may
make the feasibility of utility service to the property dependent upon the developer's
dbt075/040.51 18
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extension of water distribution and sewage collection facilities, including mains, water
.. transmission lines, sewage collection lines, sewage force mains and/or pumping
stations from the developer's property to facilities of the County adequate in size to
convey flows between the developer's property and County's facilities. It is the
County's policy to expand its water and sewer system in an orderly, economical
manner, and in those cases in which the County would not normally be expanding its
system to serve a developer's project at that time and when such an extension
requires an expenditure by the County for transmission facilities for which the County
incurs extraordinary costs, then such developer shall be required to construct or pay
the cost of the facilities associated with serving his project. In this event, the County
shall negotiate an agreement with the developer requesting service setting forth the
developer's responsibility for off-site facilities and the County's responsibility for
requiring such facilities to be oversized to meet future demands. In addition to or in
u of direct funding by the developer, the County may require a refundable advance
by the developer to temporarily defray the cost of any extension of water and/or
sewer mains and pumping stations necessary to connect the developer's property to
the County's water and sewer facilities. This provision recognizes instances in which a
developer may be required to advance funds to construct facilities sized in accordance
with the County's Master Plan. All amounts expended by the developer pursuant to
such an agreement over and above the developer's hydraulic share for facilities shall
^ be refunded to developer in accordance with the terms and conditions of a refunding
agreement which the County will execute with the developer. County may assume a
^
portion of the cost of such projects when it deems it to be in the best interest of the
County utility system. The refund agreement shall provide for a plan of refund based
^
upon the connection of other properties, to the extent of their hydraulic share, which
properties will be served by the facilities installed by the developer. In the event that
more than one developer has paid a refundable advance or has directly funded con-
struction of conveyance facilities used by another developer from whom impact fees
.. are collected, the developer having first funded facilities shall have first right of cost
recovery until his investment less the cost of his own reserved share of such capacity
dbt075/040.51 19
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is recovered. Notwithstanding the provisions of this section, the County will limit the
life of such refund agreement to a term of not more than 5 years, after which time
any portion of the refund not made to the developer by the terms and conditions of
the refund agreement will have lapsed and thereafter such refund agreement shall be
canceled. The developer shall not be entitled to any interest upon the refund of the
developer's advance. ^"
SECTION 201.12
EXISTING AGREEMENTS
County recognizes that certain developer agreements have been
executed by the County and developers in the past. Nothing in this ordinance shall
be construed to alter, abrogate, obviate or avoid the respective obligations of the _
parties in those agreements.
SECTION 201.13
UNLAWFUL CONNECTION
No person shall be allowed to connect into any water line or sewer line
owned by the County or use water or sewer services without the written consent of
the County. Connections shall be made only under the direction and supervision of .,
the Department. Any person who makes any connection or receives any benefit from
connection to water or sewer service without consent of the County shall be subject to ..
the penalties hereinafter provided, and will be required to pay the County for the use
of utility services at a rate three times the normal customer charge, base facilities
charge, volume charge, excess volume surcharge, and excess sewage strength charge.
The Department will estimate the amount of utility services unlawfully used. ..
SECTION 201.14
UNLAWFUL CONSTRUCTION
All construction shall adhere to the latest revision of construction
specifications for water distribution and sewage collection facilities used by the
County.
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dbt075/040.51 20 .,
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SECTION 201.15
•� CONNECTING EXISTING PLUMBING
Whenever it is desirable or required to connect existing plumbing with
the County sewer main and/or water line, the owner or plumber contemplating doing
such work shall notify the Department, which will inspect the connection and notify -
.. the owner or plumber what alterations will be necessary to place the connection in an
acceptable condition. Alterations shall be made within 2 months of notification. Any
owner or plumber who shall make any connection without the approval of the
Department shall be subject to the penalties hereinafter provided.
SECTION 201.16
MAINTENANCE OF PLUMBING SYSTEM
The owner of the property shall be responsible for maintaining the
water and sewer pipes leading to and connecting from the plumbing system to the
County distribution lines and main sewers. This includes providing adequate access to
the meter box.
SECTION 201.17
PAYMENT OF FEES AND BILLS REQUIRED
Bills for monthly charges and fees should be submitted and shall be
payable on the 20th day from the date of the bill. If any monthly bill remains unpaid
.i the 21st day of the month for such service, a penalty shall be imposed and added
to the bill. If the monthly bill remains unpaid on the 30th calendar day after the bill,
the water service to the customer shall be subject to discontinuance until all past -due
water and sewer bills are fully paid, together with a reconnection fee.
SECTION 201.18
_ COLLECTION OF SEWER FEES
Where sewage disposal fees are not paid in accordance with the
., provisions outlined above, the County shall have a right to cut off the water supply or
disconnect sewer services and the owner shall have no right to reconnect the water
supply or sewer system until the sewage disposal fees have been paid in full. Any
violation of this provision by reconnecting the water supply or sewer service. until
dbt075/040.51 2I
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such sewage disposal fees are paid in full, shall be considered a violation of this
ordinance, and subject to the penalties hereinafter provided.
SECTION 201.19
FAILURE TO MAINTAIN PLUMBING SYSTEM
Failure to keep the pipe leading from the plumbing system to the sewer
main and the pipe leading from the water meter to the plumbing system clean and
maintained in a proper manner will give the County the right to cut off the water
connection, which shall not be reconnected until the sewer and/or water pipe is
cleaned, repaired, and maintained properly. Any violation of this provision by
reconnecting the connection from the County water line, until such sewer pipes are
cleaned, repaired, and maintained properly, shall be considered a violation of this
.ordinance and subject to the penalties hereinafter provided.
SECTION 201.20
NO FREE SERVICE
No water or sewer service shall be furnished or rendered free of charge
to any person.
SECTION 201.21
SEPARATE CONNECTIONS FOR EACH SEPARATE UNIT
Each building, whether occupying one or more lots and whether it shall
occupy any lot or parcel jointly with any other residential building, shall be billed
separately for the payment for the water fees and the sewer fees, and separate
connections and meters will be required for each building, unless the Department
determines it is in the County's best interest to approve the use of a master meter.
SECTION 201.22
WATER/SEWER FEES CHARGEABLE TO PROPERTY OWNERS-
- COUNTY MAY BILL TENANT
Water and sewer services are chargeable to the property owner, who
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shall be the customer. The County may bill the tenant or occupant of each premise
for the water and sewer charges at the request of the owner, express or implied, but PR
this shall in no way relieve the owner of responsibility for payment. Nothing in this
dbt075/040.51 117 am
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Ordinance shall be construed as a mandate for mobile home park owners to pass
through impact fees to mobile home owners or tenants. Any payment remaining
unpaid for a period of 30 days may constitute a lien in favor of the County against the
., property serviced and the County may record said lien in the public records of Indian
River County, Florida. County is authorized to discontinue service when payment is
-• 30 days overdue and shall not reinstate service until full payment is received.
SECTION 201.23
WATER CHARGES ON NEW CONSTRUCTION ACCOUNTS
On new construction accounts, water may be provided to the contractor
subject to a deposit determined by the Department, refundable on cancellation and
upon payment of the construction account for water used, base facilities charge and
^ billing charge and provided further that this deposit shall be forfeited if the building is
occupied prior to the cancellation and payment of the construction account for water
^ used.
SECTION 201.24
^
DISCONTINUANCE OF SERVICE FOR NON-PAYMENT, FEE
FOR RESTORING SERVICES. PENALTY FOR TAMPERING
WITH WATER METER, CHECKS WITH INSUFFICIENT FUNDS
A. On the 30th day after a water or sewer bill is rendered. if the bill
remains unpaid, then the County may turn off the water and discontinue service until
the bill is paid in full.
^ B. If the water is turned off and service is discontinued under this
action, an additional turn-on fee shall be charged for restoring service and a deposit
.. shall be required as set forth herein.
C. If service has been discontinued, anyone tampering with the
., water meter shall be guilty of a misdemeanor as provided by law.
D. If any customer issues a check to the County which is unpayable
due to insufficient funds or other reason, the Department may collect a charge from
the customer and require that subsequent payments be made with cash.
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SECTION 201.25
TO DRAW WATER FROM FIRE
A permit shall be required from the Department before water is drawn
from any fire hydrant or other service outlet, except by the fire department in the = .
regular discharge of its duties, and only after arrangements have been made for ..
payment to the County for water so drawn at a just and reasonable rate.
SECTION 201.26
PROHIBITION AGAINST DAMAGING EQUIPMENT
It shall be illegal and subject to the punishment provided herein for any
person to maliciously, willfully break, damage, destroy, uncover, deface or tamper
with any structure, appurtenance or equipment which is a part of the County water or
sewerage systems.
SECTION 201.27 ..
REQUIRED INSTALLATION OF BACK FLOW PREVENTION
DEVICES
All customers requesting service from the County water system shall
first be required to install back flow prevention devices for the protection of the
County potable water system. Such devices will meet specifications adopted by the
Department.
SECTION 201.28
POWER AND AUTHORITY OF INSPECTORS
Duly authorized employees of the County bearing proper credentials
and identification shall be permitted to enter upon all properties for the purpose of ..
inspection, observation, measurement, sampling and testing in accordance with _
provisions of this ordinance.
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SECTION 201.29
.,
DISCHARGE OF WATER IN SEWERS
No person shall discharge or cause to be discharged any stormwater,
.,
--surface water, groundwater, roof runoff, subsurface drainage or unpolluted industrial
processed waters into the County sewage collection and treatment system. --
SECTION 201.30
PROHIBITING DISCHARGE OF SPECIFIED WASTE AND
WATERS INTO THE COUNTY SEWERAGE SYSTEM
No person shall discharge or cause to be discharged any of the following
described waters or waste into the County sewerage system:
A. Any liquid or vapor having a temperature higher than 150°F.
B. Any water or waste which may contain more than one hundred
parts per million, or mg4, of fat, oil, grease or wastewater required by ordinance to
be treated with a pollutant interceptor or grease trap.
C. Any gasoline, benzene, naphtha, fuel oil, or other flammable or
..
explosive liquid, solid or gas.
D. Any garbage that has not been properly shredded.
E. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags,
:athers, tar, plastics, wood, or any other solid or viscous substance capable of causing
obstruction to the flow in sewers or other interference with the proper operation of
the sewerage works.
F. Any waters or wastes having a pH lower than 6.2 or higher than
8.0, or having any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewerage works.
_
G. Any waters or wastes containing a toxic or poisonous substance
in sufficient quantity to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, or create any hazard in the receiving
waters of the sewage treatment plant.
,.
H. Any noxious or malodorous gas or substance creating a public
nuisance.
dbt075/040.51 25
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SECTION 201.31
WATER SHORTAGE CONDITIONS
This section shall be enforced from time to time by the Board of
'County Commissioners at any regular or specially called public meeting declaring that
a water shortage condition exists in the County and shall be enforced until such time
as the County Commission at a regular or specially called meeting declares that the ^
state of shortage no longer exists. These regulations shall be in addition to the excess
volume surcharge authorized in Section 8.E.
A. Certain uses prohibited. The use and withdrawal of water by any
person between the hours to be designated by the County Commission in its
declaration that a state of water shortage exists for the following purposes is hereby
prohibited:
(1) Watering yards. The sprinkling, watering or irrigating of
^
shrubbery, trees, lawns, grass, ground cover, plants, vines, gardens, vegetables, flowers,
or any other vegetation.
(2) Washing mobile equipment. The washing of automobiles, trucks,
trailers, trailer -houses, or any other type of mobile equipment.
(3) Cleaning outdoor surfaces. The washing of sidewalks, driveways,
filling station aprons, porches, and other outdoor surfaces. ,.
(4) Swimming pools. Swimming and wading pools not employing a
filter and recirculating system.
(5) Escape through defective plumbing. The escape of water
through defective plumbing, which shall mean the knowing permission for defective �+
plumbing to remain out of repair.
B. Exception to maintain sanitation and to provide for hardship
cases. The Department shall have the authority to permit a reasonable use of water
in any case necessary to maintain adequate health and sanitation standards. Any user ^
of water may apply for a temporary permit from the Department for relief from the
provisions of this section provided a written request for authorization to use water
shall indicate that a hardship exists, and the nature of the hardship.
dbt075/040.51 76 M
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SECTION 201.32
WELLS AND LAWN SPRINKLER SYSTEMS
A. No cross connections between the County's water supply system
and any other water supply system shall be allowed.
B. All sprinkler systems using the County's water system as a source
shall have a backflow preventer so installed as to prevent back drainage from the
sprinkler system into the County water system.
., C. All residential and commercial sprinkler systems shall be
inspected and approved by the County Building Department before initial operation.
., D. All potable water wells shall be inspected by the County Health
Department upon payment of such fees as established by the County. Wells shall be
installed in accordance with state law, including the Florida Safe Water Drinking Act,
and shall meet the standards outlined in the appropriate Florida Department of
Environmental Regulation,_ Florida Department of Health and Rehabilitative Services,
or St. John's River Water Management District regulations.
SECTION 201.33
AREAS IN WHICH ORDINANCE TO BE EFFECTIVE
This ordinance shall be effective in the entire unincorporated area of
Indian River County and in those parts of municipalities in which the County is the
provider of water or wastewater utility services.
SECTION 201.34
PENALTIES AND ENFORCEMENT
A. Penalties. Any person who shall violate or fail to comply with
any of the provisions of this ordinance shall, upon conviction, be punished by a fine
not to exceed five hundred dollars ($500.00) or 6 months in jail or both. The County
may enforce the provisions of this article by seeking injunctive relief or any other
remedies provided by law.
dbt075/040.51 77
B. Enforcement.
(1) In addition to any other enforcement procedures provided by .,
law, the County Code Enforcement Officer shall be authorized to enforce this
6idinance.
(2) Discontinuance of service and penalty fees. The County shall
have the authority to enforce the provisions of this section by the discontinuance of
water service in the event of violation hereof. All water used in violation of a
declaration of water shortage shall be billed at three times the regular rate.
SECTION 201.35
REPEAL OF CONFLICTING PROVISIONS
All previous ordinances, resolutions, or motions of the County, which _
conflict with the provisions of this ordinance, are hereby repealed to the extent of
such conflict. All special acts of the legislature applying only to the unincorporated _
portion of the County and which conflict with the provisions for this ordinance are
hereby repealed to the extent of such conflict. Specifically, Section 24-31 through and
including Section 24-67 of the Code of Laws and Ordinances of the County including
Ordinance 84-18 are hereby repealed in their entirety.
SECTION 201.36
INCORPORATION IN CODE
The provisions of this ordinance shall be incorporated into the County
Code and the word "ordinance" may be changed to "section", "article', or other ..
appropriate word, and the sections of this ordinance may be renumbered or
relettered to accomplish such intentions. .,
SECTION 201.37
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or word of this
ordinance is for any reason held to be unconstitutional, inoperative or void,. such ..
holdings shall not affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without such unconstitutional,
invalid or inoperative part.
dbt075/040.51 28
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SECTION 201.38
EFFECTIVE DATE
The provisions of this ordinance shall become effective on April 1, 1991.
.. Approved and adopted by the Board of County Commissioners of
Indian River County, Florida, on this 12 day of March 1991.
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN/RIVER COUNTY
BY
Richard N. Bird
Chairman
'Acknowledgment by the Department of State of Florida this day of
,19
Effective Date: Acknowledgement from the Department of State received on this
day of 19_, at AM/PM and filed in the Office of the
of the Board of County Commissioners of Indian River County, Florida.
1 -D AS TO FORM AND
LEGAL SUFFICIENCY.
BY U, v_t
CHARLES VITUNAC, County Attorney
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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 operation of the
Department in a fair and equitable manner.
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 , and, upon being
put to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice Chairman Gary C. Wheeler Absent
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Margaret C. Bowman Aye
Commissioner Carolyn K. Eggert Aye
The Chairman thereupon declared the resolution duly passed and adopted this
_2 day of _ March , 1991.
Attest:
Jeffre K. Barton, Clerk,
dm075m4e.51
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By:
Richard N. Bird
Chairman
_ua,:_�
SCHEDULE OF WATER AND SEWER RATES. FEES, AND CHARGES
1991, 1992, AND 1993
RATES _.
1991
1992
1993
Water
r
RATES _.
1991
1992
1993
Water
Billing Charge - Per Account
$200
$2.00
$200
Base Facilities Charge Where
Lines Are Available - Per ERU
$6.20
$8.70
$9.20
Base Facilities Charge Where
Capacity Is Reserved But Lines
Are Not Available - Per ERU
$3.10
x•35
$4.60
Volume Charge
0 to 3,000 Gallons Per Month
Per ERU Except Irrigation
Only - Per 1,000 Gallons Per
Month
$1.75
$1.75
$7.75
3.001 to 7.000 Gallons Per
Month Per ERU and Irrigation
Only 0 - 7,000 Gallons Per
Month - Per 1,000 Gallons
$215
$2.15
$2.15
Over 7.000 Gallons Per Month
Per ERU - Per 1.000 Gallons
$255
$2.55
$2.55
Excess Volume Surcharge For
Use Greater than 13.000
Gallons Per Month Per ERU -
Per 1,000 Gallons
$1.95
$2.10
$2.30
Sewer
Bitting Charge - Per Account
$2.00
$2.00
$2.00
Base Facilities Charge Where
Lines Are Available - Per ERU
$7.60
$13.00
$13.50
Base Facilities Charge Where
Capacity is Reserved But Lines
Are Not Available - Per ERU
$3.80
$6.50
$6.75
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SCHEDULE OF WATER AND SEWER RATES, FEES, AND CHARGES
1991, 1992, AND 1993
VolumeCha[ge -Calculated as 1991 1992 1993
85 Percent of Water Use -
Per 1,000 Gallons - 10,000
Gallon Per Month Maximum for
Residential Customers $3.35
$3.35 $3.35
Excess Volume Surcharge For
Use Greater than 11,000
Gallons Per Month Per ERU -
_ Per 1,000 Gallons
. .. - $3.70 $4.05 $4.45
Excess Sewage Strength Charge
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Excess Sewage Strength 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
r. Water - Per ERU
Water Treatment and Storage
Water Transmission
Total
Sewer - Per ERU
Wastewater Treatment and Sludge
.� Disposal
Effluent Disposal
Wastewater Transmission
Total
—dbt0751047.wki
Sewage Charge '
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand in
milligrams per
liter 1250
50 Percent Excess
Sewage Strength
Charge
$95.00
$818.00
$502.00
$1,320.00
$979.00
$604.00
$580.00
$2,163.00
Sewage Charge
Ratio of Total
Dissolved Solids
or Biochemical
Oxygen Demand in
milligrams per
liter / 250
$100.00
5893.00
5548.00
$1,441.00
$1,048.00
$647.00
$626.00
$2,321.00
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 .�
Impact Fees for 1994 an
1991
1992
1993d
,
subsequent years will be increased
In proportion to the
Engineering New Record
construction cost index
r.
applicable to Indian River County
OTHER CHARGES
Deposits Required Upon Opening,
Transferring, or Reconnecting
Service
Residential and Commercial -
Per ERU
-
$50.00
$50.00
$50.00
Hydrant Meter
$345.00
$345.00
$345.00
Interest Rate Paid on Deposits
0.5 % Per Month
0.5 % Per Month
0.5 % Per Month
Charge for Returned Check
$12.00
$12.00
$12.00
Issuance of Duplicate Bill
$1.50
$1.50
$1.50
Sewer Tap
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
Meter Replacement
518 Inch
$100.00
$100.00
$100.00
1 Inch
$125.00
$125.00
$125.00
�+
1 1/2 Inch
$300.00
$300.00
$300.00
21nch and Larger
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
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Meter Removal
518 Inch
$30.00
$30.00
$30.00
11nch'
$30.00
$30.00
$30.00
1 1/2 Inch amd Larger
$40.00
$40.00
$40.00
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SCHEDULE OF WATER AND SEWER RATES, FEES. AND CHARGES
1991, 1992, AND 1993
Water Service Connection
1991
1992
1993
5/8 Inch Meter
$400.00
$400.00
$400.00
Cinch Meter
$460.00
$460.00
$460.00
1 1/2 Inch Meter
$810.00
$810.00
$810.00
Larger than 1 1/2 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
31nch Meter and Larger
Fire Hydrant Meter .
Water Service Reconnection
During Working Hours
After Working Hours
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$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
$500.00
Cost Plus Overhead
Cost Pius 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
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
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SCHEDULE
OF WATER AND SEWER RATES, FEES, AND CHARGES
1991, 1992, AND 1993
1991
1992
1993
Meter Rereads and Leak Inspection
_
$15.00
$75.00
$75.00
Delinquency Charge
$2.00 Plus 1.50% Per Mo. $200 Plus 1.5% Per Mo. $2.00 Plus 1.50% Per M
Month
Month
Month
General Service Calls
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
Meter Test
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518 Inch Meter
$20.00
$20.00
$20.00
1 Inch Meter
$20.00
$20.00
$20.00
1 1/2 inch Meter or Larger
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
.0
Damage Repair
$100 Plus
$100 Plus
$100 Plus
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
Line Location
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
Engineering Services
Site Plan Review - Under 40
Units and Without Lilt Station
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
'^
$50 Minimum
$50 Minimum
$50 Minimum
Site Plan Review - Over 40
Units or With Lill Station
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
$150 Minimum
$150 Minimum
$150 Minimum
Inspection Fee
Water Per Connection
$25.00
$25.00
$25.00
Sewer Per Connection
$25.00
$25.00
$25.00
Hydrant Flow Test
$60.00
$60.00
$60.00
Fire Protection Charge - Per
Year
$170.00
$170.00
$170.00
FRANCHISE CHARGES
.w
Application Fee
Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
$50.00 Minimum
$50.00 Minimum
$50.00 Minimum
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Change of Ownership
�. 49 ERUs or Fewer
50 ERUs or More
Rate Hearing
49 ERUs or Fewer
^' 50 ERUs or More
Public Hearing
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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
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
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
SCHEDULE OF WATER AND SEWER RATES,
FEES, AND CHARGES
1991, 1992, AND 1993
1991
Establish Franchise Cost Plus Overhead
1992
Cost Plus Overhead
1993
Cost Plus OverheTd
$1,100 Minimum
$1,100 Minimum
$1,100 Minimum
Franchise Name Change Cost Plus Overhead
Cost Plus Overhead
Cost Plus Overhead
$115.00 Minimum
$115.00 Minimum
$115.00 Minimum
Franchise Territory Change Cost Plus Overhead .Cost
Plus Overhead
Cost Plus Overhead
$115.00 Minimum
wn
$115.00 Minimum
$115.00 Minimum
Change of Ownership
�. 49 ERUs or Fewer
50 ERUs or More
Rate Hearing
49 ERUs or Fewer
^' 50 ERUs or More
Public Hearing
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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
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
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
Article VIII CONSTITUTION OF THE STATE OF FLORIDA Article Vlll
law. The board of county commissioners of a county not
operating under a charter may enact, in a manner pre-
scribed by general law, county ordinances not inconsis-
tent with general or special law, but an ordinance in con-
flict with a municipal ordinance shall not be effective
within the municipality to the extent of such conflict.
(g) CHARTER GOVERNMENT. Counties operating
under county charters shall have all powers of local sell -
government not inconsistent with general law, or with
special law approved by vote of the electors. The gov-
erning body of a county operating under a charter may
enact county ordinances not inconsistent with general
law. The charter shall provide which shall prevail in the
event of conflict between county and municipal ordi-
nances.
(h) TAXES: LIMITATION. Property situate within
municipalities shall not be subject to taxation for ser-
vices rendered by the county exclusively for the benefit
of the property or residents in unincorporated areas.
(i) COUNTY ORDINANCES. Each county ordi-
nance shall be filed with the secretary of state and shall
become effective at such time thereafter as is provided
by general law.
(j) VIOLATION OF ORDINANCES. Persons violat-
ing county ordinances shall be prosecuted and pun-
ished as provided by law.
(k) COUNTY SEAT. In every county there. shall be
a county seat at which shall be located the principal of.
fices and permanent records of all county officers. The
county seat may not be moved except as provided by
general law. Branch offices for the conduct of county
business may be established elsewhere in the county by
resolution of the governing body of the county in the
manner prescribed by law. No instrument shall be
deemed recorded in the county until filed at the county
seat according to law.
HiVivy—n H.JR. 1907.1973. BtlOp1eE 1974. A H.J.R 452.1981,.1,,1 E
1981
SECTION 2. Municipalities.—
(a) ESTABLISHMENT. Municipalities may be es-
tablished or abolished and their charters amended pur-
suant to general or special law. When any municipality
is abolished, provision shall be made for the protection
of its creditors.
(b) POWERS. Municipalities shall have govern-
mental, corporate and proprietary powers to enable
them to conduct municipal government, perform munici-
pal functions and render municipal services, and may
exercise any power for municipal purposes except as
otherwise provided by law. Each municipal legislative
body shall be elective.
(c) ANNEXATION. Municipal annexation of unin-
corporated territory, merger of municipalities, and exer.
cise of extra -territorial powers by municipalities shall be
as provided by general or special law.
SECTION 3. Consolidation.—The government of a
county and the government of one or more municipali-
ties located therein may be consolidated into a single
government which may exercise any and all powers of
the county and the several municipalities. The consoli-
dation plan may be proposed only by special law, which
shall become effective if approved by vote of the elec-
tors of the county, or of the county and municipalities al.
fected, as may be provided in the plan. Consolidation
shall not extend the territorial scope of taxation for the
payment of pre-existing debt except to areas whose
residents receive a benefit from the facility or service for
which the indebtedness was incurred.
SECTION 4. Transfer of powers.—By law or by re=_
olulion of the governing bodies of each of the govern,
ments affected, any function or power of a county, mu
nicipality or special district may be transferred to or con
tracted to be performed by another county, municipality
or special district, after approval by vote of the electors
of the transferor and approval by vote of the electors of
the transferee, or as otherwise provided by law.
SECTION 5. Local option.—Local option on the le.
gality or prohibition of the sale of intoxicating liquors
wines or beers shall be preserved to each county. The
status of a county with respect thereto shall be changed
only by vote of the electors in a special election called
upon the petition of twenty-five per cent of the electors
of the county, and not sooner than two years after an
earlier election on the same question. Where legal, the
.sale of intoxicating liquors, wines and beers shall be reg.
ulated by law.
SECTION 6. Schedule to Article VIII.—
(a) This article shall replace all of Article VIII of the
Constitution of 1885, as amended, except those sec-
tions expressly retained and made a part of this article
by reference.
(b) COUNTIES: COUNTY SEATS: MUNICIPALITIES.
DISTRICTS. The status of the following items as they
exist on the date this article becomes effective is recog-
nized and shall be continued until changed in accord
ante with law: the counties of the state; their status with
respect to the legality of the sale of intoxicating liquors,
wines and beers; the method of selection of county offi-
cers: the performance of municipal functions by county
officers: the county seats; and the municipalities and
special districts of the state, their powers, jurisdiction
and government.
(c) OFFICERS TO CONTINUE IN OFFICE. Every
person holding office when this article becomes effec.
tive shall continue in office for the remainder of the term
if that office is not abolished. If the office is abolished the
incumbent shall be paid adequate compensation, to be
fixed by law, for the loss of emoluments for the remain•
der of the term.
(d) ORDINANCES. Local laws relating only to unin-
corporated areas of a county on the effective date of this
article may be amended or repealed by county ordi.
nance.
(e) CONSOLIDATION AND HOME RULE. Article
VIII, Sections 19, 210, 311 and 424, of the Constitution of
1885, as amended, shall remain in full force and effect
as to each county affected, as if this article had not been
adopted, until that county shall expressly adopt a char-
ter or home rule plan pursuant to this article. All provi-
sions of the Metropolitan Dade County Home Rule Char-
ter, heretofore or hereafter adopted by the electors of
Dade County pursuant to 3Article VIII, Section 11, of the
UPA'
CHAPTER 166
MUNICIPALITIES
PART I GENERAL PROVISIONS (ss. 166.011-166.046)
PART II MUNICIPAL BORROWING (ss. 166.101-166.141)
PART III MUNICIPAL FINANCE AND TAXATION (ss. 166.201-166.261)
PART IV EMINENT DOMAIN (ss. 166.401, 166.411)
166.011 Short title.—This chapter shall be known
and may be cited as the "Municipal Home Rule Powers
A'ct.
Hlslory.—s. 1. ch. 73-129
166.021 Powers.—
(1) As provided ins. 2(b), Art. VIII of the State Consti-
tution, municipalities shall have the governmental, cor-
porate, and proprietary powers to enable them to con-
duct municipal government, perform municipal func-
tions, and render municipal services, and may exercise
any power for municipal purposes, except when ex-
pressly prohibited by law.
(2) `Municipal purpose' means any activity or power
which may be exercised by the state or its political sub.
divisions.
(3) The Legislature recognizes that pursuant to the
grant of power set forth in s. 2(b), Art. VIII of the Slate
Constitution, the legislative body of each municipality
has the power to enact legislation concerning any sub-
ject matter upon which the state Legislature may act.
except:
(a) The subjects of annexation, merger, and exer-
cise of extraterritorial power, which require general or
special law pursuant to s. 2(c), Art. VIII of the State Con-
stitution;
(b) Any subject expressly prohibited by the constitu-
tion;
(c) Any subject expressly preempted to state or
county government by the constitution or by general
law; and
(d) Any subject preempted to a county pursuant to
a county charter adopted under the authority of ss. 1(9).
3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so con-
strued as to secure for municipalities the broad exercise
of home rule powers granted by the constitution. It is the
further intent of the Legislature to extend to municipali-
ties the exercise of powers for municipal governmental,
corporate, or proprietary purposes not expressly prohib-
ited by the constitution, general or special law, or county
charter and to remove any limitations, judicially imposed
or otherwise, on the exercise of home rule powers other
than those so expressly prohibited. However, nothing in
this act shall be construed to permit any changes in a
special law or municipal charter which affect the exer-
cise of extraterritorial powers or which affect an area
which includes lands within and without a municipality
or any changes in a special law or municipal charter
which affect the creation or existence of a municipality,
the terms of elected officers and the manner of their
election, the distribution of powers among elected offi-
cers, matters prescribed by the charter relating to ap-
pointive boards, any change in the form of government,
or any rights of municipal employees, without approval
by referendum of the electors as provided in s. 166.031.
Any other limitation of power upon any municipality con-
tained in any municipal charter enacted or adopted prior
to July 1, 1973, is hereby nullified and repealed.
(5) All existing special acts pertaining exclusively to
the power or jurisdiction of a particular municipality ex-
cept as otherwise provided in subsection (4) shall be-
come an ordinance of that municipality on the effective
date of this act, subject to modification or repeal as oth-
er ordinances.
History.—s. 1. oh. 73-129. s. 1. ch. 77-174
166.031 Charter amendments.—
(1) The governing body of a municipality may, by or-
dinance, or the electors of a municipality may, by peti-
tion signed by 10 percent of the registered electors as
of the last preceding municipal general election, submit
iG:d6
PART
GENERAL PROVISIONS
166.011
Short title.
166.021
Powers.
166.031
Charter amendments.
166.032
Electors.
166.041
Procedures for adoption of ordinances and
resolutions.
166.0415
Enforcement by code inspectors; citations.
166.042
Legislative intent.
166.0425
Sign ordinances.
166.043
Ordinances and rules imposing price con-
trols; findings required: procedures.
166.044
Ordinances relating to possession or sale of
ammunition.
166.0443
Certain local employment registration pro-
hibited.
166.0445
Family day care homes; local zoning regula-
tion.
166.045
Proposed purchase of real property by
municipality; confidentiality of records;
procedure.
166.046
Definitions; minimum standards for cable
television franchises imposed upon coun-
ties and municipalities.
166.011 Short title.—This chapter shall be known
and may be cited as the "Municipal Home Rule Powers
A'ct.
Hlslory.—s. 1. ch. 73-129
166.021 Powers.—
(1) As provided ins. 2(b), Art. VIII of the State Consti-
tution, municipalities shall have the governmental, cor-
porate, and proprietary powers to enable them to con-
duct municipal government, perform municipal func-
tions, and render municipal services, and may exercise
any power for municipal purposes, except when ex-
pressly prohibited by law.
(2) `Municipal purpose' means any activity or power
which may be exercised by the state or its political sub.
divisions.
(3) The Legislature recognizes that pursuant to the
grant of power set forth in s. 2(b), Art. VIII of the Slate
Constitution, the legislative body of each municipality
has the power to enact legislation concerning any sub-
ject matter upon which the state Legislature may act.
except:
(a) The subjects of annexation, merger, and exer-
cise of extraterritorial power, which require general or
special law pursuant to s. 2(c), Art. VIII of the State Con-
stitution;
(b) Any subject expressly prohibited by the constitu-
tion;
(c) Any subject expressly preempted to state or
county government by the constitution or by general
law; and
(d) Any subject preempted to a county pursuant to
a county charter adopted under the authority of ss. 1(9).
3, and 6(e), Art. VIII of the State Constitution.
(4) The provisions of this section shall be so con-
strued as to secure for municipalities the broad exercise
of home rule powers granted by the constitution. It is the
further intent of the Legislature to extend to municipali-
ties the exercise of powers for municipal governmental,
corporate, or proprietary purposes not expressly prohib-
ited by the constitution, general or special law, or county
charter and to remove any limitations, judicially imposed
or otherwise, on the exercise of home rule powers other
than those so expressly prohibited. However, nothing in
this act shall be construed to permit any changes in a
special law or municipal charter which affect the exer-
cise of extraterritorial powers or which affect an area
which includes lands within and without a municipality
or any changes in a special law or municipal charter
which affect the creation or existence of a municipality,
the terms of elected officers and the manner of their
election, the distribution of powers among elected offi-
cers, matters prescribed by the charter relating to ap-
pointive boards, any change in the form of government,
or any rights of municipal employees, without approval
by referendum of the electors as provided in s. 166.031.
Any other limitation of power upon any municipality con-
tained in any municipal charter enacted or adopted prior
to July 1, 1973, is hereby nullified and repealed.
(5) All existing special acts pertaining exclusively to
the power or jurisdiction of a particular municipality ex-
cept as otherwise provided in subsection (4) shall be-
come an ordinance of that municipality on the effective
date of this act, subject to modification or repeal as oth-
er ordinances.
History.—s. 1. oh. 73-129. s. 1. ch. 77-174
166.031 Charter amendments.—
(1) The governing body of a municipality may, by or-
dinance, or the electors of a municipality may, by peti-
tion signed by 10 percent of the registered electors as
of the last preceding municipal general election, submit
iG:d6
L
t�
M
am
W
F.5.196y MUNICIPALITIES Ch. 166
to the electors of said municipality a proposed amend-
ment to its charter, which amendment may be to any
part or to all of said charter except that part describing
the boundaries of such municipality. The governing
body of the municipality shall place the proposed
amendment contained in the ordinance or petition to a
vote of the electors at the next general election held
within the municipality or at a special election called for
such purpose.
(2) Upon adoption of an amendment to the charter
of a municipality by a majority of the electors voting in
a referendum upon such amendment, the governing
body of said municipality shall have the amendment in-
corporated into the charter and shall fite the revised
charter with the Department of State, at which time the
revised charter shall take effect.
(3) A municipality may amend its charter pursuant to
this section notwithstanding any charter provisions to
the contrary. This section shall be supplemental to the
provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any
substantive or procedural power vested in any munici-
pality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to in-
clude only those lands previously annexed and shall file
said redefinition with the Department of State pursuant
to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality
on any employee's or employee group's political activity,
while not working, in any referendum changing employ-
ee rights.
(5) A municipality may, by unanimous vote of the
governing body, abolish municipal departments provid-
ed for in the municipal charter and amend provisions or
language out of the charter which has been judicially
construed to be contrary to either the state or federal
constitution.
Hlstory. s. 1, ch. 73-129. s. 1. ch. 96-95
166.032 Electors.—Any person who is a resident of
a municipality, who has qualified as an elector of this
state, and who registers in the manner prescribed by
general law and ordinance of the municipality shall be
a qualified elector of the municipality.
Hfetory.—s 1, ch 73-129
166.041 Procedures for adoption of ordinances
and resolutions.—
(1) As used in this section, the following words and
terms shallhave the following meanings unless some
other meaning is plainly indicated:
(a) "Ordinance" means an official legislative action of
a governing body, which action is a regulation of a gen-
eral and permanent nature and enforceable as a local
law.
(b) "Resolution" means an expression of a governing
body concerning matters of administration, an expres-
sion of a temporary character, or a provision for the dis-
position of a particular item of the administrative busi-
ness of the governing body.
(2) Each ordinance or resolution shall be introduced
in writing and shall embrace but one subject and mat-
ters properly connected therewith. The subject shall be
clearly stated in the title. No ordinance shall be revised
or amended by reference to its title only. Ordinances to
revise or amend shall set out in full the revised or amend-
ed act or section or subsection or paragraph of a section
or subsection.
(3)(a) Except as provided in paragraph (c), a pro-
posed ordinance may be read by title, or in full, on at
least 2 separate days and shall, at least 10 days prior to
adoption, be noticed once in a newspaper of general cir-
culation in the municipality. The notice of proposed en-
actment shall state the date, time, and place of the
meeting; the title or titles of proposed ordinances; and
the place or places within the municipality where such
proposed ordinances may be inspected by the public.
The notice shall also advise that interested parties may
appear at the meeting and be heard with respect to the
proposed ordinance.
(b) The governing body of a municipality may, by a
two-thirds vote, enact an emergency ordinance without
complying with the requirements of paragraph (a) of this
subsection. However, no emergency ordinance shall be
enacted which enacts or amends a land use plan or
which rezones private real property.
(c) Ordinances initiated by the governing body or its
designee which rezone specific parcels of private real
property or which substantially change permitted use
categories in zoning districts shall be enacted pursuant
to the following procedure:
1. In cases in which the proposed rezoning or
change in permitted use involves less than 5 percent of
the total land area of the municipality, the governing
body shall direct the clerk of the governing body to not
fy by mail each real property owner whose land the mu-
nicipality will rezone or whose land will be affected by
the change in permitted use by enactment of the ordi-
nance and whose address is known by reference to the
latest ad valorem tax records. The notice shall state the
substance of the proposed ordinance as it affects that
property owner and shall set a time and place for one
or more public hearings on such ordinance. Such notice
shall be given at least 30 days prior to the date set for
the public hearing, and a copy of the notice shall be kept
available for public inspection during the regular busi-
ness hours of the office of the clerk of the governing
body. The governing body shall hold a public hearing on
the proposed ordinance and may, upon the conclusion
of the hearing. immediately adopt the ordinance.
2 In cases in which the proposed ordinance deals
with more than 5 percent of the total land area of the mu-
nicipality, the governing body shall provide for public no-
tice and hearings as follows:
a. The local governing body shall hold two adver
tised public hearings on the proposed ordinance. Both
hearings shall be held after 5 p.m. on a weekday, and
the first shall be held approximately 7 days after the day
that the first advertisement is published. The second
hearing shall be held approximately 2 weeks after the
first hearing and shall be advertised approximately 5
days prior to the public hearing. The day, time, and
place at which the second public hearing will be held
shall be announced at the first public nearing.
b. The required advertisements shall be nc 1 -ss
than one-quarter pace in a standard size or a t
size newspaper, and the headline in the advertls
1007
Ch. 166 MUNICIPALITIES F.S. 1989
shall be in a type no smaller than 18 point. The advertise-
ment shall not be placed in that portion of the newspa-
per where legal notices and classified advertisements
appear. The advertisement shall be published in a news-
paper of general paid circulation in the municipality and
of general interest and readership in the community, not
one of limited subject matter, pursuant to chapter 50. It
is the legislative intent that, whenever possible, the ad-
vertisement appear in a newspaper that is published at
least 5 days a week unless the only newspaper in the
community is published less than 5 days a week. The
advertisement shall be in the following form:
NOTICE OF ZONING (PERMITTED USE) CHANGE
The (mme ofIwW w unit proposes to rezone
(change the permitted use of) the land within the area
shown in the map in this advertisement.
A public hearing on the rezoning will be held on rdate
and time) at (meeting olacel .
The advertisement shall also contain a geographic loca-
tion map which clearly indicates the area covered by the
proposed ordinance. The map shall include major street
names as a means of identification of the area.
c. In lieu of publishing the advertisement set out in
this paragraph, the municipality may mail a notice to
each person owning real property within the area cov-
ered by the ordinance. Such notice shall clearly explain
the proposed ordinance and shall notify the person of
the time, place, and location of both public hearings on
the proposed ordinance.
(4) A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majori-
ty of a quorum present is necessary to enact any ordi-
nance or adopt any resolution; except that two-thirds of
the membership of the board is required to enact an
emergency ordinance. On final passage, the vote of
each member of the governing body voting shall be en-
tered on the official record of the meeting. All ordinances
or resolutions passed by the governing body all be-
come effective 10 days after passage or as otherwise
provided therein.
(5) Every ordinance or resolution shall, upon its final
passage. be recorded in a book kept for that purpose
and shall be signed by the presiding officer and the clerk
of the governing body.
(6) The procedure asset forth herein shall constitute
a uniform method for the adoption and enactment of mu-
nicipal ordinances and resolutions and shall be taken as
cumulative to other methods now provided by law for
adoption and enactment of municipal ordinances and
resolutions. By future ordinance or charter amendment,
a municipality may specify additional requirements for
the adoption or enactment of ordinances or resolutions
or prescribe procedures in greater detail than contained
herein. However, a municipality shall not have the power
or authority to lessen or reduce the requirements of this
section or other requirements as provided by general
law.
History.—s 1. ch 73-129. s. 2. ch. 76-155: s. 2. ch. 77-131: s. 1. ch. 83-240: a.
1. ch. "I
166.0415 Enforcement by code inspectors; cita-
tions.—
(1) The governing body of each municipality may
designate its agents or employees as code inspectors
whose duty it is to assure code compliance. Any person
designated as a code inspector may issue citations for
violations of municipal codes and ordinances, respec-
tively, or subsequent amendments thereto, when such
code inspector has actual knowledge that a violation
has been committed.
(2) Prior to issuing a citation, a code inspector shall
provide notice to the violator that the violator has com-
mitted a violation of a code or ordinance and shall estab-
lish a reasonable time period within which the violator
must correct the violation. Such time period shall be no
more than 30 days. If, upon personal investigation, a
code inspector finds that the violator has not corrected
the violation within the time period, the code inspector
may issue a citation to the violator. A code inspector
does not have to provide the violator with a reasonable
time period to correct the violation prior to issuing a cita-
tion and may immediately issue a citation if the code in-
spector has reason to believe that the violation presents
a serious threat to the public health, safety, or welfare,
or if the violation is irreparable or irreversible.
(3) A citation issued by a code inspector shall state
the date and time of issuance; name and address of the
person in violation; date of the violation; section of the
codes or ordinances, or subsequent amendments there-
to, violated: name of the code inspector; and date and
time when the violator shall appear in county court.
(4) Nothing in this section shall be construed to au-
thorize any person designated as a code inspector to
perform any function or duties of a law enforcement offi-
cer other than as specified in this section. A code in-
spector shall not make physical arrests or take any per-
son into custody and shall be exempt from requirements
relating to the Special Risk Class of the Florida Retire-
ment System, bonding, and the Criminal Justice Stand-
ards and Training Commission, as defined and provided
by general law.
(5) The provisions of this section shall not apply to
the enforcement pursuant to ss. 553.79 and 553.80 of
building codes adopted pursuant to s. 553.73 as they
apply to construction, provided that a building permit is
either not required or has been issued by the municipali-
ty. For the purposes of this subsection. -building codes'
means only those codes adopted pursuant to s. 553.73.
(6) The provisions of this section may be used by a
municipality in lieu of the provisions of part II of chapter
162.
(7) The provisions of this section are additional or
supplemental means of enforcing municipal codes and
ordinances. Except as provided in subsection (6), noth-
ing in this section shall prohibit a municipality from en-
forcing its codes or ordinances by any other means.
History.—s. 13. ch. 81268.
166.042 Legislative intent.—
(1) It is the legislative intent that the repeal by chap-
ter 73-129, Laws of Florida, of chapters 167, 168, 169,
172, 174, 176, 178, 181,183, and 184 of Florida Statutes
shall not be interpreted to limit or restrict the powers of
municipal officials, but shall be interpreted as a recogni-
tion of constitutional powers. It is, further. the legislative
M
N.f
W
F.S. 1969 MUNICIPALITIES Ch. 166
intent to recognize residual constitutional home rule
powers in municipal government, and the Legislature
finds that this can best be accomplished by the removal
of legislative direction from the statutes. It is, further, the
legislative intent that municipalities shall continue to ex-
ercise all powers heretofore conferred on municipalities
by the chapters enumerated above, but shall hereafter
exercise those powers at their own discretion, subject
only to the terms and conditions which they choose to
prescribe.
(2) Nothing contained in s. 5, chapter 73-129, Laws
of Florida, shall be interpreted to impair any claim
against a municipality or to affect the validity of any
bonds or obligations issued under authority of any of the
chapters enumerated in subsection (1).
Hl,rory: s. 5, eh. 7&129.
166.0425 Sign ordinances.—Nothing in chapter
78-8, Laws of Florida, shall be deemed to supersede the
rights and powers of municipalities and counties to es-
tablish sign ordinances; however, such ordinances shall
not conflict with any applicable state or federal laws.
HHtory.—s. 5. Ch. 78-8
Non.—Aso published at S. 125.0102. -
166.043 Ordinances and rules imposing price con-
trols; findings required; procedures.—
(1)(a) Except as hereinafter provided, no county.
municipality, or other entity of local government shall
adopt or maintain in effect an ordinance or a rule which
has the effect of imposing price controls upon a lawful
business activity which is not franchised by, owned by,
or under contract with, the governmental agency, unless
specifically provided by general law.
(b) The provisions of this section shall not prevent
the enactment by local governments of public service
rates otherwise authorized by law, including water, sew
er, solid waste, public transportation. taxicab, towing of
vehicles from private property, or port rates.
(2) No law, ordinance. rule. or other measure which
would have the effect of Imposing controls on rents shall
be adopted or maintained in effect except as providec
herein and unless it is round and determined. as herein-
after provided, that such controls are necessary and
proper to eliminate an existing housing emergency
which Is so crave as to constitute a serious menace to
the general public.
(�) Any law, ordinance. rule. or other measure which
has the effect of imposing controls on rents shall termi-
nate and expire within t year and shall not be extended
or renewed except by the adoption of a new measure
meeting all the requirements of this section.
(4) Notwithstanding any other provisions of this sec-
tion, no controls shall be imposed on rents for any ac-
commodation used or offered for residential purposes
as a seasonal or tourist unit. as a second housing unit.
or on rents for dwelling units located in luxury apartment
buildings. For the purposes of this section, a luxury
apartment building is one wherein on January 1, 1977.
the aggregate rent cue on a monthly basis from all dwell-
ing units as stated in leases or rent lists existing on that
date divided by the number of dwelling units exceeds
S25U
(5) No municipality, county, or other entity of local
government shall adopt or maintain in effect any law, or-
dinance, rule, or other measure which would have the ef-
fect of imposing controls on rents unless:
(a) Such measure is duly adopted by the governing
body of such entity of local government, after notice and
public hearing, in accordance with all applicable provi-
sions of the Florida and United States Constitutions, the
charter or charters governing such entity of local govern-
ment, this section, and any other applicable laws.
(b) Such governing body makes and recites in such
measure its findings establishing the existence in fact
of a housing emergency so grave as to constitute a seri-
ous menace to the general public and that such controls
are necessary and proper to eliminate such grave hous-
ing emergency.
(c) Such measure is approved by the voters in such
municipality, county, or other entity of local government.
(6) In any court action brought to challenge the valid-
ity of rent control imposed pursuant to the provisions of
this section, the evidentiary effect of any findings or reci-
tations required by subsection (5) shall be limited to im-
posing upon any party challenging the validity of such
measure the burden of going forward with the evidence.
and the burden of proof (that is, the risk of nonpersua-
sion) shall rest upon any party seeking to have the mea.
sure upheld.
History. ss. 1. 2. 3. 4. 5. 6, Ch. 77-50. s. 82. Ch 79-400. s. 2. Ch. 88-240
Note.—Also published a1 s. 1250103
166.044 Ordinances relating to possession or sale
of ammunition.—No municipality may adopt any ordi-
nance relating to the possession or sale of ammunition.
Any such ordinance in effect on June 24, 1983, is void.
History.—s 2. Ch. 88-253
1166.0443 Certain local employment registration
prohibited.—
(1) Except as authorized bylaw, no county or munlc.
ipahty shall enact or enforce any ordnance, resolution.
rule. regulation, policy, or other action which reoures the
registration or background screening of any individual
engaged in or applying for a specific type or category
of employment in the county or municipality or requires
the carrying of an identification card Issued as a result
of sucn registration or screening, whether or not such re
ouirement is based upon the residency of the perso!�
However, an ordnance that regulates any ousmess. Iry
stitution. association, profession, or occupation ov re
Quirinal background screening, which may include proo'
of certain skills, knowledge, or moral character. is not
prohibited by this section, provided that such reputation:
(a) Is not preempted to the state or is not otherwise
prohibited by law;
(bl Is a valid exercise of the police power:
(c) Is narrowly designed to offer the protection
sought by the county or municipality: and
(d) Does not unfairly discriminate against any class
of individuals.
(2) This section shall not be construed to prohibit
any employer, including a local government, from inves-
tigating the background of employees or prospective
employees or from requiring employees to carry an iden-
tification card or registration card
1009
Ch. 166 MUNICIPALITIES F.S. 1989
Hlstory.—ss. 1.2. ch. 86-259.
'Note.—As enacted by ss. 1 and 2. ch. 86-259. this section has also been com
piled am Noinuhed at S. 125.581.
1166.0445 Family day care homes; local zoning reg-
ulation.—The operation of a residence as a family day
care home, as defined by law, registered or licensed
with the Department of Health and Rehabilitative Ser-
vices shall constitute a valid residential use for purposes
of any local zoning regulations, and no such regulation
shall require the owner or operator of such family day
care home to obtain any special exemption or use permit
or waiver, or to pay any special fee in excess of $50, to
operate in an area zoned for residential use.
History. s. 3, ch. 86-87.
'Note.—As enacted by S. 3, ch. 86-87, this section hes aim been compiled and
published at s. 125.0109.
166.045 Proposed purchase of real property by
municipality; confidentiality of records; procedure.—
(1)(a) In any case in which a municipality, pursuant
to the provisions of this section, seeks to acquire by pur-
chase any real property for a municipal purpose, every
appraisal, offer, or counteroffer must be in writing. Not-
withstanding s. 119.14, such appraisals, offers, and
counteroffers are not available for public disclosure or in-
spection and are exempt from the provisions of chapter
119 until an option contract is executed or, if no option
contract is executed, until 30 days before a contract or
agreement for purchase is considered for approval by
the governing body of the municipality. If a contract or
agreement for purchase is not submitted to the govern-
ing body for approval, the exemption from chapter 119
will expire 30 days after the termination of negotiations.
The municipality shall maintain complete and accurate
records of every such appraisal, offer, and counteroffer.
For the purposes of this section, the term "option con-
tract" means a proposed agreement by the municipality
to purchase a piece of property, subject to the approval
of the local governing body at a public meeting after 30
days' public notice. The municipality will not be under
any obligation to exercise the option unless the option
contract is approved by the governing body at the pub-
lic hearing specified in this section. The exemptions
from chapter 119 that are provided in this paragraph are
subject to the Open Government Sunset Review Act in
accordance with s. 119.14.
(b) If the exemptions provided in this section are uti-
lized, the governing body shall obtain at least one ap-
praisal by an appraiser who is a member of an appraisal
organization listed in s. 253.025(7)(b) for each purchase
in an amount of not more than $500,000. For each pur-
chase in an amount in excess of $500,000, the governing
body shall obtain at least two appraisals by appraisers
who are members of appraisal organizations listed in s.
253.025(7)(b). If the agreed purchase price exceeds the
average appraised price of the two appraisals, the gov-
erning body is required to approve the purchase by an
extraordinary vote. The governing body may, by ordi-
nary vote, exempt a purchase in an amount of $100,000
or less from the requirement for an appraisal.
(c) Notwithstanding the provisions of this section,
any municipality that does not choose with respect to
any specific purchase to utilize the exemption from
chapter 119 provided in this section may follow any pro-
cedure not in conflict with the provisions of chapter 119
for the purchase of real property which is authorized in
its charter or established by ordinance.
(2) Nothing in this section shall be interpreted as
providing an exemption from, or an exception to, s.
286.011.
History.—s. 2. ch. 84-298: S. 2. ch. 6&315.
166.046 Definitions; minimum standards for cable
television franchises imposed upon counties and mu-
nicipalities.—
(1) As used in this section, the term:
(a) "Cable service" means:
1. The one-way transmission to subscribers of vid-
eo programming or other programming service; and
2. Subscriber interaction, if any, which is required
for the selection of such video programming or other
programming service.
(b) "Cable system" means a facility, consisting of a
set of closed transmission paths and associated signal
generation, reception, and control equipment that is de-
signed to provide cable service which includes video
programming and which is provided to multiple sub-
scribers within a community, but such term does not in-
clude:
1. A facility that serves only to retransmit the televi-
sion signals of one or more television broadcast stations;
2. A facility that serves only subscribers in one or
more multiple -unit dwellings under common ownership,
control, or management, unless such facility or facilities
use any public right-of-way:
3. A facility of a common carrier, except that such
facility shall be considered a cable system to the extent
such facility is used in the transmission of video pro-
gramming directly to subscribers; or
4. Any facilities of any electric utility used solely for
operating its electric utility systems.
(c) "Franchise" means an initial authorization or re-
newal thereof issued by a franchising authority, whether
such authorization is designated as a franchise, permit,
license, resolution, contract, certificate, agreement, or
otherwise, which authorizes the construction or opera-
tion of a cable system.
(d) "Franchising authority" means any governmental
entity empowered by federal. state, or local law to grant
a franchise.
(e) "Person" means an individual, partnership, asso-
ciation. joint stock company, trust, corporation, or gov-
ernmental entity.
(f) "Video programming" means programming pro-
vided by, or generally considered comparable to pro-
gramming provided by, a television broadcast station or
cable system.
(2) No municipality or county shall grant a franchise
for cable service to a cable system within its jurisdiction
without first, at a duly noticed public hearing, having
considered:
(a) The economic impact upon private property with-
in the franchise area;
(b) The public need for such franchise, if any;
(c) The capacity of public rights-of-way to accom-
modate the cable system;
(d) The present and future use of the public rights-
of-way to be used by the cable system:
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F.S. 1989 MUNICIPALITIES Ch. 166
(e) The potential disruption to existing users of the
public rights-of-way to be used by the cable system
and the resultant inconvenience which may occur to the
public;
(f) The financial ability of the franchise applicant to
perform;
(g) Other societal interests as are generally consid-
ered incable television franchising;
(h) Such other additional matters, both procedural
and substantive, as the municipality or county may, in
its sole discretion, determine to be relevant.
(3) No municipality or county shall grant any overlap-
ping franchises for cable service within its jurisdiction on
terms or conditions more favorable or less burdensome
than those in any existing franchise within such munici-
pality or county.
(4) The provisions of subsection (3) shall not apply
when the area in which the overlapping franchise is be-
ing sought is not actually being served by any existing
cable service provider holding a franchise for such area.
The provisions of subsection (2) shall apply to the provi-
sions of this subsection and subsection (5). As used in
this subsection, the term "actually being served" means
that cable service is actually available to subscribers to
such extent that the only act remaining in order to pro-
vide cable service is the physical connection to the indi-
vidual subscriber location as of 15 days prior to any sub
Sequent application for a franchise.
(5) Nothing in this section shall be construed to pre-
vent any municipality or county considering the approval
of an additional cable service franchise in all or any part
of the area of such municipality or county from imposing
additional terms and conditions upon the granting of
such franchise as such municipality or county shall in its
sole discretion deem necessary or appropriate
(6) All cable service franchises inexistence as of Oc-
tober 1, 1987, shall remain in full force and effect accorc-
ino to their terms
History.—s 1. ch. 87-c2
M
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166.101 Definitions.—As used in this part. the foi-
lowing words and terms shall nave the following mean-
ings unless some other meaning is plainly indicated:
(1) The term `bond" incluces bonds, debentures.
notes, certificates of indebtednessmortgage certify
Cates, or other obligations or evidences of indebtedness
Of any type or character.
(2) The term "oeneral obligation bonds' means
bonds which are secured by, or provide for their pay-
ment by, the pledge, in addition to those special taxes
levied for their discharqe and such other sources as may
be Provided for their payment or pledoed as security un-
der the ordinance or resolution authorizing their issu-
ance, of the full faith and credit and taxing power of the
municipality and for payment of which recourse may be
had against the general fund of the municipality.
(3) The term "ad valorem bonds" means bonds
which are payable from the proceeds of ad valorem tax-
es levied on real and tangible personal property.
(4) The term "revenue bonds" means obligations of
the municipality which are payable from revenues de-
rived from sources other than ad valorem taxes on real
or tangible personal property and which do not pledge
the property, credit, or general tax revenue of the munic-
ipality.
(5) The term "improvement bonds" means special
obligations of the municipality which are payable solely
from the proceeds of the special assessments levied for
an assessable project.
(6) The term "refunding bonds" means bonds issued
to refinance outstanding bonds of any type and the in-
terest and redemption premium thereon. Refunding
bonds shall be issuable and payable in the same manner
as the refinanced bonds, except that no approval by the
electorate shall be required unless required by the State
Constitution.
(7) The term "governing body" means the council,
commission, or other board or body in which the general
legislative powers of the municipality shall be vested
(8) The term "project' means a governmental under-
taking approved by the governing body and includes all
property rights, easements, and franchises relating
thereto and deemed necessary or convenient for the
construction. acquisition or operation thereof, and em-
braces any capital expenditure which the governing
body of the municipality shall deem to be made for a
public purpose including the refunding of any bondec
indebtedness which maybe outstanding on any existing
protect which is to be improved by means of a new pro;
ec:
Hsiory.—s + ch 73-123
166.111 Authority to borrow.—The governing boo,
or every municipality may oorrow money. contract loans
anc issue bonds as defined in s. 166.101 from time tc
time to finance the uncertakinb of any capital Or othe-
protect for the purposes Permitted by the State Cons:
tution and may pieoae the rungs. credit. Property. arc
taxing power of the municipality for the Payment of suc-
debts and bonds
Mlawry.—s t. cn. 73-12-.
166.121 Issuance of bonds.—
(1) Bonds issued under this part shall be authonzea
by resolution or ordinance of the governing body ano.
if required by the State Constitution, by affirmative vote
of the electors of the municipality. Such bonds may b=
issued in one or more series and shall bear such date
or dates. be payable upon demand or mature at such
time or times. bear interest at such rate or rates, be iir.
such denomination or denominations. be in such form.
recistered or not. with or witnout coupon. carry suc^
conversion or registration privileges. have sucn rank c-
priority, be executed in such manner, be payable in cl
medium or payment. at such place or place:;
subiect to such terms of redemouon, with or we .
101'.
PART Ii
MUNICIPAL BORROWING
166.101
Definition=_
166.111
Authority to borrov.
166.121
Issuance of bonds
166.122
Establishment of sinking tunas
166.131
Levy of taxes for payment of debt.
166.141
Full authority for issuance or bonds.
M
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166.101 Definitions.—As used in this part. the foi-
lowing words and terms shall nave the following mean-
ings unless some other meaning is plainly indicated:
(1) The term `bond" incluces bonds, debentures.
notes, certificates of indebtednessmortgage certify
Cates, or other obligations or evidences of indebtedness
Of any type or character.
(2) The term "oeneral obligation bonds' means
bonds which are secured by, or provide for their pay-
ment by, the pledge, in addition to those special taxes
levied for their discharqe and such other sources as may
be Provided for their payment or pledoed as security un-
der the ordinance or resolution authorizing their issu-
ance, of the full faith and credit and taxing power of the
municipality and for payment of which recourse may be
had against the general fund of the municipality.
(3) The term "ad valorem bonds" means bonds
which are payable from the proceeds of ad valorem tax-
es levied on real and tangible personal property.
(4) The term "revenue bonds" means obligations of
the municipality which are payable from revenues de-
rived from sources other than ad valorem taxes on real
or tangible personal property and which do not pledge
the property, credit, or general tax revenue of the munic-
ipality.
(5) The term "improvement bonds" means special
obligations of the municipality which are payable solely
from the proceeds of the special assessments levied for
an assessable project.
(6) The term "refunding bonds" means bonds issued
to refinance outstanding bonds of any type and the in-
terest and redemption premium thereon. Refunding
bonds shall be issuable and payable in the same manner
as the refinanced bonds, except that no approval by the
electorate shall be required unless required by the State
Constitution.
(7) The term "governing body" means the council,
commission, or other board or body in which the general
legislative powers of the municipality shall be vested
(8) The term "project' means a governmental under-
taking approved by the governing body and includes all
property rights, easements, and franchises relating
thereto and deemed necessary or convenient for the
construction. acquisition or operation thereof, and em-
braces any capital expenditure which the governing
body of the municipality shall deem to be made for a
public purpose including the refunding of any bondec
indebtedness which maybe outstanding on any existing
protect which is to be improved by means of a new pro;
ec:
Hsiory.—s + ch 73-123
166.111 Authority to borrow.—The governing boo,
or every municipality may oorrow money. contract loans
anc issue bonds as defined in s. 166.101 from time tc
time to finance the uncertakinb of any capital Or othe-
protect for the purposes Permitted by the State Cons:
tution and may pieoae the rungs. credit. Property. arc
taxing power of the municipality for the Payment of suc-
debts and bonds
Mlawry.—s t. cn. 73-12-.
166.121 Issuance of bonds.—
(1) Bonds issued under this part shall be authonzea
by resolution or ordinance of the governing body ano.
if required by the State Constitution, by affirmative vote
of the electors of the municipality. Such bonds may b=
issued in one or more series and shall bear such date
or dates. be payable upon demand or mature at such
time or times. bear interest at such rate or rates, be iir.
such denomination or denominations. be in such form.
recistered or not. with or witnout coupon. carry suc^
conversion or registration privileges. have sucn rank c-
priority, be executed in such manner, be payable in cl
medium or payment. at such place or place:;
subiect to such terms of redemouon, with or we .
101'.
Ch. 166 MUNICIPALITIES F.S. 1989 11
mium, be secured in such manner, and have such other
characteristics as may be provided by such resolution
or ordinance or trust indenture or mortgage issued pur-
suant thereto.
(2) The governing body of a municipality shall deter-
mine the terms and manner of sale and distribution or
other disposition of any and all bonds it may issue and
shall have any and all powers necessary or convenient
to such disposition.
Mviory.—s. 1, ch. 73129,
166,122 Establishment of sinking funds.—The gov-
erning body of a municipality may establish and adminis-
ter such sinking funds as it deems necessary or conve-
nient for the payment, purchase, or redemption of any
outstanding bonded indebtedness of the municipality.
HiMM —s. 1, ch. 73129.
166.131 Levy of taxes for payment of debt.—The
governing body of a municipality may levy ad valorem
taxes upon real and tangible personal property within
the municipality as it deems necessary to make pay-
ment, including principal and interest, upon the general
obligation and ad valorem bonded indebtedness of the
municipality or into any sinking funds created under s.
166.122.
History. s. 1, ch. 73-129.
166.141 Full authority for issuance of bonds.—This
part shall be full authority for the issuance of bonds
authorized herein.
History.—s. 1, ch. 73-129
PART III
MUNICIPAL FINANCE AND TAXATION
166.201
Taxes and charges
166.211
Ad valorem taxes.
166.215
Remittance of funds.
166.221
Regulatory fees.
166.222
Building code inspection fees.
166.231
Municipalities: public service tax.
166.232
Municipalities: public service tax; physical
unit base option.
166.241
- Fiscal years, financial reports, appropriations,
and audits.
166.251
Service fee for dishonored check.
166.261
Municipalities; investments.
166.201 Taxes and charges.—A municipality may
raise, by taxation and licenses authorized by the consti-
tution or general law, or by user charges or fees author-
ized by ordinance, amounts of money which are neces-
sary for the conduct of municipal government and may
enforce their receipt and collection in the manner pre-
scribed by ordinance not inconsistent with law.
History.—s. 1. ch. 73129.
166.211 Ad valorem taxes.—
(1) Pursuant to s. 9, Art. VII of the State Constitution,
a municipality is hereby authorized, in a manner not in-
consistent with general law, to levy ad valorem taxes on
real and tangible personal property within the municipal-
ity in an amount not to exceed 10 mills, exclusive of tax -
as levied for the payment of bonds and taxes levied for
periods of not longer than 2 years and approved by a
vote of the electors.
(2) The assessment and collection of municipal ad
valorem taxes shall be performed by appropriate officers
as prescribed by general law. At any time millage rates
are published for the purpose of giving notice, the rates
shall be stated in terms of dollars and cents fqt every
thousand dollars of assessed property value.
History.—s. 1, ch. 73129.
166.215 Remittance of funds.—Notwithstanding
any other provisions of law, in the event that a county
remits to a municipality, or has so remitted for any prior
year, the identified cost of services or programs as de-
scribed in s. 125.01(6), all or any part of the funds so re-
mitted to the municipality may be further remitted by the
municipality, acting as the agent of its citizens and tax-
payers, to the taxpayers of the municipality.
HhWry.—s. 1, ch. 90-53.
166.221 Regulatory fees.—A municipality may levy
reasonable business, professional, and occupational
regulatory fees, commensurate with the cost of the reg-
ulatory activity, including consumer protection, on such
classes of businesses, professions, and occupations,
the regulation of which has not been preempted by the
state or a county pursuant to a county charter.
History.—s. 1, ch, 73-129.
166.222 Building code inspection fees.—The gov-
erning body of a municipality may provide a schedule of
reasonable inspection fees in order to defer the costs of
inspection and enforcement of the provisions of its build-
ing code.
HisWiv —s. 2. ch. 83-160
166.231 Municipalities; public service tax.—
(1)(a) A municipality may levy a tax on the purchase
of electricity, metered or bottled gas (natural liquefied
petroleum gas or manufactured), and water service. The
tax shall be levied only upon purchases within the mu-
nicipality and shall not exceed 10 percent of the pay-
ments received by the seller of the taxable item from the
purchaser for the purchase of such service. Municipali-
ties imposing a tax on the purchase of cable television
service as of May 4, 1977, may continue to levy such tax
to the extent necessary to meet all obligations to or for
the benefit of holders of bonds or certificates which
were issued prior to May 4, 1977.
(b) The tax imposed by paragraph (a) shall not be
applied against any fuel adjustment charge, and such
charge shall be separately stated on each bill. The term
"fuel adjustment charge" means all increases in the cost
of utility services to the ultimate consumer resulting from
an increase in the cost of fuel to the utility subsequent
to October 1, 1973.
(2) Services competitive with those enumerated in
subsection (1) or subsection (9), as defined by ordi-
nance, shall be taxed on a comparable base at the same
rates. However, fuel oil shall be taxed at a rate not to ex-
ceed 4 cents per gallon. However, for municipalities
levying less than the maximum rate allowable in subsec-
tion (1), the maximum tax on fuel oil shall bear the same
1012
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F.S. 1969 MUNICIPALITIES Ch. 166
proportion to 4 cents which the tax rate levied under
subsection (1) bears to the maximum rate allowable in
subsection (1).
(3) A municipality may exempt from the tax imposed
by this section any amount up to, and including, the first
500 kilowatt hours of electricity purchased per month for
residential use. Such exemption shall apply to each sep-
arate residential unit, regardless of whether such unit is
on a separate meter or a central meter, and shall be
passed on to each individual tenant.
(4) The purchase of natural gas or fuel oil by a public
or private utility, either for resale or for use as fuel in the
generation of electricity, or the purchase of fuel oil or ker-
osene for use as an aircraft engine fuel or propellant or
for use in internal combustion engines is exempt from
taxation hereunder.
(5) A municipality may exempt from taxation hereun-
der the purchase of the taxable items by the United
States Government, this state, or any other public body
as defined in s. 1.01 and shall exempt purchases by any
recognized church in this state for use exclusively for
church purposes.
(6) The tax authorized hereunder shall be collected
by the seller of the taxable item from the purchaser at
the time of the payment for such service. The seller shall
remit the taxes collected to the municipality in the man-
ner prescribed by ordinance.
(7) A municipality shall notify in writing any known
seller of items taxable hereunder of any change in the
boundaries of the municipality or in the rate of taxation.
(8)(a) A municipality may by ordinance exempt not
less than 50 percent of the tax imposed under this sec-
tion on purchasers of electrical energy who are cleie
mined to be eligible for the exemption provided by s
212.08(15) by the Department of Revenue. The exemb-
tion shall be administered as provided in that section. A
copy of any ordinance adopted pursuant to this subsec-
tion shall be provided to the Department of Revenue no!
less than 14 days prior to its effective date.
(b) In the event an area that is authorized to be an
enterprise zone pursuant to s. 290.0055 has not yet
oeen approved pursuant to s. 290.00665. a mumcipaln,
may enact an ordinance for such exemption: nowever.
me ordinance shall not be effective until such area is a_
oroved pursuant to s. 290.0065
(c) This subsection shall expire and be vola on L.,
cember 31, 1994, except that any qualified business
which has satisfied the requirements of this subsection
prior to December 31, 1994, shall be allowed the full ben
eff of the exemption allowed under this subsection as
if this subsection had not expired on December 31,
1994.
(9) A municipality may levy a tax on the purchase of
telecommunication services as defined in s. 203.012 as
follows:
(a)1. Only upon purchases within the municipality
of local telephone service as defined in s. 203.012(31 at
a rate not to exceed 10 percent of me monthly recurring
customer service charges, exclucing public telephone
charges collected on site, access cnarges. and any cus-
tomer access line charges paid to a local teleonone
company: or
2. Only upon purchases within the municipality of
telecommunications service which originates and termi-
nates in this state at a rate not to exceed 7 percent of
the total amount charged for any telecommunications
service provided within the municipality or, if the location
of the telecommunications service provided cannot be
determined, the total amount billed for such telecommu-
nications service to a telephone or telephone number.
a telecommunications number or device, or a custom-
ers' billing address located within the municipality, ex-
cluding public telephone charges collected on site,
charges for any foreign exchange service or any private
line service except when such services are used or sold
as a substitute for any telephone company switched ser-
vice or dedicated facility by which a telephone company
provides a communication path, access charges, and
any customer access line charges paid to a local tele-
phone company. However. telecommunications service
as defined in s. 203.012(5)(b) shall be taxed only on the
monthly recurring customer service charges excluding
variable usage charges.
(b) For the purpose of compensating the seller. the
seller shall be allowed 1 percent of the amount of the tax
collected and due to the municipality in the form of a de-
duction from the amount collected for remittance. The
deduction shall be allowed as compensation for the
keeping of recores and for me collection of, and the e
mitring of, the tax.
(c) A municipality shall elect by ordinance lite taY
specified in subparagraph (a)1, or subparagraph (a)2..
and any such election shall not be changed until after
the expiration of at least 12 months after the effective
date of the ordinance levying the tax specified in such
subparagraph. A municipality shall notify the companies_
responsible for collectmo such tax at least 120 days pr,
or to such chance of election.
(dl A municipality electing by ordinance the ta,
specified in suboaragraloh (a)2shall provide to a tele
communications service provider who is responsible fer
collecting the tax, upon its request. a onnteci aipnabeo
cal listing of all street names incluoinc block number-
and
umberand street numbers for streets which cross or form mr.
mctpal boundaries within rite munic.Dal lv for use by the
provider of me telecommunications service in calcula.l
Ing me proper amount of tax payable to me. muntaoalit.
ine muNcicalny shall be responsible Tor updatinc trn_
list mq as enanges occur and for proweinc Ina lntorme
tion to the telecommunications service Drovioer IIn_
provider, In turn. shall be responsible for cnargino ine
tax only to service and billing addresses contained Ir.
this listing. Tne municipality shall be entitled to collet;
a fee not to exceed the actual cost of providing the infor-
mation to rite telecommunications service provider re
auesting it
(e1 A municipalav may audit the records of any ore
viler of telecommunications service taxable by sucr.
municipality: eacn such provider shall provide to rite mu
nicipality, upon 60 daysnotice, access to all applicable
records for such telecommunications service. In an au
dlt. ine telecommunications service provider shall be lia.
ble only for Itstaxable accounts collected corresoono
lna to the information provided to it by the municioali ,
However, notwnhstandmq lite provisions of s. 119.1-
101-.
I
any information received by the municipality or its agent
in connection with such audit is confidential and is not
subject to the provisions of s. 119.07(1). This exemption
is subject to the Open Government Sunset Review Act
in accordance with s. 119.14.
Purchases of local telephone service or other telecom-
munications service for use in the conduct of a telecom-
munications service for hire or otherwise for resale are
exempt from the tax imposed by this subsection.
History.—s. 1. ch. 73-129; ss. 1. 2. ch, 74-109; s. t. ch. 77-174; S. 1, ch. 77-251:
s.4, a. 78-299: s.1, ch. 78-400: a. 1. ch. 82-230: S. 1, ch. 82-399: s. 24, ch. 86-356;
s. 1, ch. lls-174: S. 1. ch. 66-155: s. 1, ch. 88-35; s. 1, ch. 88-140.
166.232 Municipalities; public service tax; physical
unit base option.—
(1) At the discretion and option of the local tax au-
thority, the tax authorized under s. 166.231 may be lev-
ied on a physical unit basis. The tax on the purchase of
electricity may be based upon the number of kilowatt
hours purchased; the tax on the purchase of metered or
bottled gas (natural liquefied petroleum gas or manufac-
tured) may be based on the number of cubic feet pur-
chased: the tax on the purchase of fuel oil and kerosene
may be based on the number of gallons purchased; and
the tax on the purchase of water service may be based
on the number of gallons purchased.
(2) In the event that a municipality chooses the op-
tion provided in this section to tax on a physical unit ba-
sis, the municipality may choose not to levy and collect
the tax authorized under s. 166.231 on any amount up
to, and including, the first 500 kilowatt hours of electrici-
ty per month purchased for residential use. Such ex-
emption shall apply to each separate residential unit, re-
gardless of whether such unit is on a separate or a cen-
tral meter. and shall be passed on to each individual ten-
ant.
(3) In exercising its option pursuant to this section,
each municipality levying a tax pursuant to this section
shall implement a new tax rate structure and tax base
in accordance with this act. The new tax rates shall ap-
ply to prior purchases of service if the purchases were
billed during the month of implementation and thereaf-
ter. The shift in the tax rate and tax base for electricity.
metered or bottled gas. fuel oil, kerosene, and water
shall be accomplished in the following manner:
(a) Each municipality levying the tax shall, prior to
convertins to unit -based rates, compute the amount of
tax it received from each source for the most recent 12
months for which such data is available.
(b) The amount determined under paragraph (a)
shall be divided by the number of units purchased and
taxed for the same period of time used in paragraph (a).
(c) One hundred five percent of the resulting figure
rounded to no more than four decimal places shall be
the maximum amount per unit which the municipality
may levy upon converting to unit -based rates. However,
during the year of conversion to a physical unit tax, the
municipality may adjust its rates to ensure that revenues
derived from the tax shall equal 105 percent of the reve-
nues derived in the immediately preceding year. In those
years subsequent to the year of conversion to a physical
unit tax. the municipality may amend its tax rate by ordi-
nance.
History.—s. 5. ch. 78-299. s. 2. ch. 82-230: s. 46. ch. 93-217
166.241 Fiscal years, financial reports, appropria-
tions, and audits.—
(1) Each municipality shall report its finances annu-
ally as provided by general law.
(2) Each municipality shall make provision for estab.
lishing a fiscal year beginning October 1 of each year
and ending September 30 of the following year.
(3) The governing body of each municipality shall
make appropriations for each fiscal year which, in any
one year, shall not exceed the amount to be received
from taxation or other revenue sources. It is unlawful for
any officer of a municipal government to draw money
from the treasury except in pursuance of appropriation
made by law.
Hlstory. s. 1. ch. 73-129: a. 4, ch. 83-106.
1166.251 Service fee for dishonored check.—The
governing body of a municipality may adopt a service
fee of $15 or 5 percent of the face amount of the check,
draft, or order, whichever is greater, for the collection of
a dishonored check, draft, or other order for the pay-
ment of money to a municipal official or agency. The ser-
vice fee shall be in addition to all other penalties im-
posed by law. Proceeds from this fee, if imposed, shall
be retained by the collector of the fee.
History.—s. 2. ch. 75-56: s. 31. ch. 79-164; s. 2 ch. 86-51: s flch. 09-303.
tNote.—As amended by s. 4, ch. 89-3M. section 7. ch 89-303. omwdes Ihaf
'[U]nless apecilically stated otherwise. this act shall laxe effect July 1. 1969, or upon
becoming a jaw. whichever occurs Wter. and shall ecoly to worthless or dishonored
checks Issued after the effeclrve date -
166.261 Municipalities; Investments.—
(1) Unless otherwise authorized by law or by ordi-
nance, the governing body of each municipality shall, by
resolution to be adopted from time to time, invest and
reinvest any surplus public funds in its control or posses-
sion in:
(a) The Local Government Surplus Funds Trust
Fund;
(b) Negotiable direct obligations of, or obligations
the principal and interest of which are unconditionally
guaranteed by, the United States Government at the
then prevailing market price for such securities.
(c) Interest-bearing time deposits or savings ac-
counts in banks organized under the laws of this state,
in national banks organized under the laws of the United
States and doing business and situated in tnls state. in
savings and loan associations whlcn are under state su-
pervision, or in federal savings and loan associations lo-
cated in this state and organized under federal law and
federal supervision, provided that any such deposits are
secured by collateral as may be prescribed by law;
(d) Obligations of the federal farm credit banks: the
Federal Home Loan Mortgage Corporation, including
Federal Home Loan Mortgage Corporation participation
certificates: or the Federal Home Loan Bank or its dis-
trict banks or obligations guaranteed by the Govern-
ment National Mortgage Association:
(e) Obligations of the Federal National Mortgage As-
sociation, including Federal National Mortgage Associa.
tion participation certificates and mortgage pass-
through certificates guaranteed by the Federal National
Mortgage Association: or
(f) Securities of, or other interests in, any open-end
or closed-end management type Investment company
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F.S. 1989 MUNICIPALITIES Ch. 166
or investment trust registered under the Investment
Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as
amended from time to time, provided the portfolio of
such investment company or investment trust is limited
to United States Government obligations and to repur-
chase agreements fully collateralized by such United
States Govemment obligations and provided such in-
vestment company or investment trust takes delivery of
such collateral either directly or through an authorized
custodian.
(2)(a) Every security purchased under this section
on behalf of the governing body of a municipality shall
be properly earmarked and:
1. If registered with the issuer or its agents, shall be
immediately placed for safekeeping in a location which
protects the interest of the governing body in the securi-
ty
2. If in book entry form, shall be held for the credit
of the governing body of the municipality by a deposito-
ry chartered by either the Federal Government or the
state and shall be kept by the depository in an account
separate and apart from the assets of the financial insti-
tution; or
3. If physically issued to the holder, but not regis-
tered with the issuer or its agents, shall be immediately
placed for safekeeping in a safety-deposit box in a fi-
nancial institution in this state that maintains adequate
safety-deposit box insurance.
(b) The governing body may also receive bank trust
receipts in return for investment of surplus funds in se-
curities. Any trust receipts received must enumerate the
various securities held, together with the specific num-
ber of each security held. The actual securities on which
the trust receipts are issued may be held by any bank
depository chartered by the United States Government
or the State of Florida or their designated agent=_.
(3) When the money invested in such securities is
needed in whole or in part for the purposes originally in-
tended, the governing body of the municipality is author-
ized to sell such secumv or securities at the then prevail-
ing market price and to oay the proceeds of such sale
into the proper account or fund of the municipality
(4) For the purposes of this section.. the term sur-
plus funds' is defined as funds in any general or special
account or fund of the municipality, held or controlled by
the governing body of me municipality. which funds are
not reasonably contemplated to be needed for the pur-
poses intended within a reasonable time from the date
Of such investment.
(5) Any surplus public funds subject to a contract or
agreement on the date of this enactment shall not be in-
vested contrary to the contract or agreement.
(6) The provisions of this section are supplementa!
to any and all other laws relating to the legal investments
by municipalities.
History, s. 4. ch. 77-394, s. 2. ch 79-119.s 4. ch. 79-262: s. 2. ch 84-57: s.
e 4, ch. 89-171
PART IV
EMINENT DOMAIN
166.401 Right of eminent domain.
166.411 Eminent domain; uses or purposes.
166.401 Right of eminent domain.—
(1) All municipalities in the state may exercise the
right and power of eminent domain; that is, the right to
appropriate property within the state, except state or
federal property, for the uses or purposes authorized
pursuant to this part. The absolute fee simple title to all
property so taken and acquired shall vest in such munic-
ipal corporation unless the municipality seeks to con-
demn a particular right or estate in such property.
(2) Each municipality is further authorized to exer-
cise the eminent domain powers granted to the Depart-
ment of Transportation in s. 337.27(1) and the transpor-
tation corridor protection provisions of s. 337.273.
,History.—s. 1, ch. 73-129; s. 5, ch. 88-168.
166.411 Eminent domain; uses or purposes.—Mu-
nicipalities are authorized to exercise the power of emi-
nent domain for the following uses or purposes:
(1) For the proper and efficient carrying into effect
of any proposed scheme or plan of drainage, ditcning.
grading, filling, or other public improvement deemed
necessary or expedient for the preservation of the public
health, or for other good reason connected in anywise
with the public welfare or the interests of the municipali-
ty and the people thereof;
(2) Over railroads, traction and streetcar lines, tele-
phone and telegraph lines, all public and private streets
and highways, drainage districts. bridge districts.
school districts. or any otner public or private lands
whatsoever necessary to enable the accomplishment of
purposes listed in s. 180,06:
(3) For streets. lanes, alleys, and ways;
(4) For public parks, squares, and grounds.
(5) For drainage, for raising or filling in land in order
to promote sanitation and healthfulness, and for the talo
ing of easements for the drainage of the land of one per
son over and through the land of another,
(fi) For reclaiming and filling when lands are lowanc
wet. or overflowed altogether or at times. or entirely 01
partly:
(7) For the abatement of any nuisance:
(8) For the use of water pipes and for sewerage and
drainage purposes:
(9) For laying wires and conduits underground: and
(10) For city buildings, waterworks, ponds, and other
municipal purposes which shall be coextensive with the
powers of the municipality exercising the right of emi.
nent domain.
History.—s. 1. ch 73-125
1010
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19- F.S. 1989
MUNICIPAL PUBLIC WORKS Ch. 180
e-
e- `
CHAPTER 180
MUNICIPAL PUBLIC
WORKS
180.01
Definition of term "municipality."
chapter, any municipality may execute its corporate
limits.
180.02
180.03
Powers of municipalities.
Resolution or ordinance proposing construc-
powers within its corporate
(2) Any municipality may extend and execute all of
tion or extension of utility; objections to
its corporate powers applicable for the accomplishment
same.
of the purposes of this chapter outside of its corporate
180.04
Ordinance or resolution authorizing construc-
limits, as hereinafter provided and as may be desirable
tion or extension of utility; election.
or necessary for the promotion of the public health, safe -
180.05
Definition of term "private company."
ty and welfare or for the accomplishment of the pur-
180.06
Activities authorized by municipalities and pri-
poses of this chapter; provided, however, that said cor-
3
vate companies.
porate powers shall not extend or apply within the cor-
180.07
Public utilities; combination of plants or sys-
porate limits of another municipality.
(3) In the event any municipality desires to avail itself
180.08
tems; pledge of revenues.
Revenue certificates: terms; price and inter-
of the provisions or benefits of this chapter, it is lawful
est; three-fifths vote of governing body
for such municipality to create a zone or area by ordi-
^
required.
nance and to prescribe reasonable regulations requiring
180.09
Notice of resolution or ordinance authorizing
all persons or corporations living or doing business with -
issuance of certificates.
in said area to connect, when available, with any sewer -
^
180.10
When election necessary.
age system constructed, erected and operated under
the provisions of this chapter; provided, however, in the
180.11
Referendum and procedure therefor.
creation of said zone the municipality shall not include
180.12
180.13
Examinations and surveys.
Administration of utility; rate fixing and collec-
any area within the limits of any other incorporated city
tion of charges.
or village, nor shall such area or zone extend for more ;
180.135
Utility services; refusal or discontinuance of
than 5 miles from the corporate limits of said municipali-
services for nonpayment of service charges
t History. -s. 1, ch 17118.1935. CGL 1936 Supp. 3100(6)
by former occupant of rental unit prohib-
ited; unpaid service charges of former
180.03 Resolution or ordinance proposing con -
occupant not to be basis for lien against
struction or extension of utility; objections to same.-
l
rental property. exception.
(1) When it is proposed to exercise the powers
180.14
Franchise for private companies; rate fixing.
granted by this chapter, a resolution or ordinance shall
180.15
Liability of private companies.
be passed by the city council, or the legislative body of
180.16
Acquisition by municipality of property of pri-
the municipality, by whatever name known, reciting the jla
vate company.
utility to be constructed or extended and its purpose,
180.17
Contracts with private companies.
the proposed territory to be included, what mortgage
180.18
Use by municipality of privately owned utilRy.
revenue certificates or debentures if any are to be is -
180.19
Use by other municipalities and by individuals
sued to finance the project, the cost thereof, and such _
outside corporate limits.
other provisions as may be deemed necessary.
180.191
Limitation on rates charged consumer outside
(2) Any objections to any of the provisions of said
city limits.
resolution or ordinance shall be in writing and filed with
^
180.20
Regulations by private companies: rates: con-
the governing body of the municipality, and hearing
tracts.
thereupon shall be held within 30 days after the passage
180.21
Powers granted deemed additional.
of the resolution by the legislative body of said munlci-
MR
180.22
180.23
Power of eminent domain.
Contracts with engineers, attorneys and oth-
pality.
History. -s. 1, ch. 17119.1936: CGL 1936 Supp. 3100(6)
180.24
ers; boards.
Contracts for construction; bond; publication
180.04 Ordinance or resolution authorizing con-
struction or extension of utility; election. -If after the
of notice; bids
passage of said resolution the said city council or other
^
180.25
Contents of notice of issuance of certificates.
-
legislative body, by whatever name known, shall deter j.
180.26
Form of certificates.
mine to proceed toward the construction of said utility. j
180.301
Purchase or sale of water or sewer utility by
but not earlier than 40 days after the passage of said or- i
municipality.
dinance or resolution, the said city council or other legis.
an or
^
„_
Definition of term ` municipality. The term
lative body, by whatever name known, shall pass
dinance or resolution authorizing the construction of the
*W
municipality," as used in this chapter, shall mean any
municipality,"
utility or any extension thereof, reciting the purpose and
city, town, or village duly incorporated under the laws of
the territory to be included, correcting any errors. reme-
the state.j,
H1.roy.y. 1. ch. 17119.1936: CGL 106 SupP. 3100(6)
dying any Sustained objections,cetifiauthorizing ort deb the ISsto
once of mortgage revenue certificates or debentures to )q
180.02 Powers of municipalities.-
pay for the construction and all other costs of the said
(1) For the accomplishment of the purposes of this
utility, and containing all other necessary provisions. All
^
1055
other legislative and administrative functions and pro-
ceedings shall be the same as provided for the govern-
ment of the municipality. The city council or other legisla-
tive body, by whatever name known, of the municipality,
may adopt and provide for the enforcement of all resolu-
tions and ordinances that may be required for the ac-
complishment of the purposes of this chapter, and its
decision shall be final in determining to construct the
utility, or any extension thereof as and where proposed,
to promote the public health, safety, and welfare by the
accomplishment of the purposes of this chapter; provid-
ed, that where any mortgage revenue certificates, de-
bentures, or other evidences of indebtedness shall
come within the purview of s. 12, Art. VII of the State
Constitution, the same shall be issued only after having
been approved by a majority of the votes cast in an elec-
tion in which a majority of the owners of freeholds not
wholly exempt from taxation who are qualified electors
residing in such municipality shall participate, pursuant
to the provisions of ss. 100.201-100.221, 100.241,
100.261-100.341,100.351.
History.—s. L ch. 17118.1935: CGL 1836 Supp 3100(6): S. 15, ch. 69-216: S. 64,
ch 77-175.
180.05 Definition of term "private company."—A
"private company" shall mean any company or corpora-
tion duly authorized under the laws of the state to con-
struct or operate water works systems, sewerage sys-
tems, sewage treatment works, garbage collection and
garbage disposal plants.
History.—s. 2. ch 17118. 1935: CGL 1936 Supp 3100(7).
180.06 Activities authorized by municipalities and
private companies.—Any municipality or private com-
pany organized for the purposes contained in this chap-
ter, is authorized:
(1) To clean and improve street channels or other
bodies of water for sanitary purposes;
(2) To provide means for the regulation of the flow
of streams for sanitary purposes;
(3) To provide a water supply for domestic, munici-
pal or industrial uses;
(4) To provide for the collection and disposal of sew-
age and other liquid wastes:
(5) To provide for the collection and disposal of gar-
bage:
(6) And incidental to such purposes and to enable
the accomplishment of the same, to construct reser-
voirs, sewerage systems, trunk sewers, intercepting
sewers, pumping stations, wells, siphons, intakes, pipe-
lines, distribution systems, purification works, collection
systems, treatment and disposal works;
(7) To construct airports, hospitals, jails and golf
courses, to maintain, operate and repair the same, and
to construct and operate in addition thereto 0 machin-
ery and equipment;
(8) To construct, operate and maintain gas plants
and distribution systems for domestic, municipal and in-
dustrial uses; and
(9) To construct such other buildings and facilities
as may be required to properly and economically oper-
ate and maintain said works necessary for the fulfillment
of the purposes of this chapter.
However, a private company or municipality shall not
construct any system, work, project or utility authorized
to be constructed hereunder in the event that a system,
work, project or utility of a similar character is being ac.
tually operated by a municipality or private company in
the municipality or territory immediately adjacent there-
to, unless such municipality or private company con-
sents to such construction.
History.—s. 3, ch. 17118, 1935; s. 1, ch. 17119.1935: CGL 1936 Supp. 3100(8).
180.07 Public utilities; combination of plants or
systems; pledge of revenues.—
(1) All such reservoirs, sewerage systems, trunk
sewers, intercepting sewers, pumping stations, wells,
intakes, pipelines, distribution systems, purification
works, collecting systems, treatment and disposal
works, airports, hospitals, jails and golf courses, and gas
plants and distribution systems, whether heretofore or
hereafter constructed or operated, are considered a
public utility within the meaning of any constitutional or
statutory provision for the purpose of acquiring, pur-
chasing, owning, operating, constructing, equipping
and maintaining such works.
(2) Whenever any municipality shall decide to avail
itself of the provisions of this chapter for the extension
or improvement of any existing utility plant or system,
any then existing plant or system may be included as a
part of a whole plant or system and any two or more utili-
ties may be included in one project hereunder. The reve-
nues of all or any part of any existing plants or systems
or any plants or systems constructed hereunder may be
pledged to secure moneys advanced for the construc-
tion or improvement of any utility plant or system or any
part thereof or any combination thereof.
Hwtory.—s 4, ch 17118. 1935. s. 2. ch. 17119. 1935, CGL 1936 Supp. 31089).
180.08 Revenue certificates; terms; price and in-
terest; three-fifths vote of governing body required.—
(1) Any municipality which acquires, constructs or
extends any of the public utilities authorized by this
chapter and desires to raise money for such purpose,
may issue mortgage revenue certificates or debentures
therefor without regard to the limitations of municipal in-
debtedness as prescribed by any statute now in effect
or hereafter enacted; provided, however, that such mort-
gage revenue certificates or debentures shall not im-
pose any tax liability upon any real or personal property
in such municipality nor constitute a debt against the
municipality issuing the same, but shall be a lien only
against or upon the property and revenues of such utili-
ty, including a franchise setting forth the terms upon
which, in the event of foreclosure, the purchaser may op-
erate the same, which said franchise shall in no event
extend for a period longer than 30 years from the date
of the sale of such utility and franchise under foreclosure
proceedings.
(2) Such mortgage revenue certificates or deben-
tures shall be sold for at least 95 percent of par value
and shall bear interest not to exceed 7.5 percent per an-
num.
(3) No mortgage revenue certificates or debentures
shall be issued except upon a three-fifths affirmative
vote of the city council, or other legislative body of the
municipalities by whatever name known; such mortgage
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F.S. 1989 MUNICIPAL PUBLIC WORKS Ch. 180
revenue certificates or debentures shall provide that out
of the revenues and income derived and obtained from
the operation of the utility so constructed, such portion
thereof as may be deemed sufficient after all operating
costs have been paid, shall be set aside annually in a
sinking fund for the payment of interest on said certifi-
cates or debentures and the principal thereof at the ma-
turity of the same.
Hletory.—s. 5, ch. 17118. 1835: CGL 1936 Supp. 3100(10): S. 18. ch. 73-302
180.09 Notice of resolution or ordinance authoriz-
ing issuance of certificates.—Upon the adoption of res-
olution or ordinance by the city council, or other legisla-
tive body, by whatever name known, authorizing the is-
suance of mortgage revenue certificates or debentures,
a notice thereof shall be published once a week for 2
consecutive weeks in a newspaper of general circulation
in the county in which the municipality is located, or by
posting a notice in at least three conspicuous places
within the limits of the municipality, one of which shall
be posted at the door of the city hall or city offices; pro-
vided, that if any of the mortgage revenue certificates
or debentures are to be purchased by the United States
of America, or any instrumentality or subdivision thereof.
it shall not be necessary to advertise or offer the same
for sale by competitive bidding.
History.—s 5. ch 17118. 1935. CGL 1936 Supp 3100(10)
180.10 When election necessary.—Where any
mortgage revenue certificates, debentures, or other evi-
dences of indebtedness shall come within the purview
of s. 12, Art. VII of the State Constitution, the same shall
be issued only after having been approved by a majority
of the votes cast in an election in which a majority of the
owners of freeholds not wholly exempt from taxation
who are qualified electors residing in such municipality
shall participate, pursuant to the provisions of ss.
100.201-100.221, 100.241, 100.261-100.341. 100.351.
History.—s. 7, ch. 22858 1945, s 15. ch. 69-216. s 64. ch n-175
180.11 Referendum and procedure therefor.—
(1) A referendum may be held upon the Issuance of
such mortgage revenue certificates or debentures in the
following manner: a petition shall be filed with the clerk
within 30 days after the date of the first publication of
the notice of the issuance of the proposed mortgage
revenue certificates or debentures or after the posting
of the notice, as hereinbefore provided. The petinor
shall contain the nature of the objection to the proposed
utility or the issuance of said mortgage revenue certifi-
cates or debentures and shall be signed by 20 percent
of the registered and qualified electors of said munici-
pality. Such referendum shall be held not later than 60
days after the date of the first publication of said notice
as aforesaid or the posting of such notice.
(2) The aforesaid petition shall be filed with the city
clerk, or the officer performing the corresponding duties.
and the said clerk or officer shall ascertain immediately
if the requisite number of registered and qualified elec.
tors have signed the said petition: whereupon he shall
Immediately report in writing to the mayor, or the execu-
tive officer of said municipality, and to the city council
or other legislative body of the municipality, by whatever
name known; whereupon a resolution or ordinance shall
forthwith be enacted determining if the requisite number
of registered and qualified electors have signed the peti-
tion, a resolution or ordinance shall forthwith be enacted
setting forth the date upon which the referendum shall
be held, appropriating sufficient funds to pay the ex-
penses of said election, designating the places of voting
and providing for the form of ballot to be used. In deter-
mining the number of registered and qualified electors
for the purposes of determining the sufficiency of the pe-
tition for referendum, the city clerk, or such other officer,
shall use the number of registered and qualified electors
at the last municipal election held by the said municipali-
ty. All rules, regulations, ordinances or resolutions per-
taining to municipal elections shall apply under the refer-
endum herein set forth, except where the same are in-
consistent with the proceedings herein authorized.
History.—s. 5. ch. 17118. 1935. CGL 1936 Supp. 3100(10).
180.12 Examinations and surveys.—Any municipal-
ity. to carry out the purpose of this chapter, may,
through its officers, committees, agents, servants or em-
ployees, enter into and upon private property where it
is proposed to construct said utility, or extensions there-
of to make necessary examinations and surveys, and for
such other purposes as may be required in the accom-
plishment of the purposes of this chapter; provided,
however, the municipality. before constructing any of
said works upon private property, shall first acquire the
right to take and use the property by agreement or pur-
chase or by proceedings or by the exercise of the right
of eminent domain in a court of the state having jurisdic-
tion of the same in the manner prescribed by law.
History.—s. 6. ch. 17118. 1935. CGL 1936 Supp. 3100(11)
180.13 Administration of utility; rate fixing and col-
lection of charges.—
(1) The city council, or other legislative body of the
municipality. by whatever name known, may create a
separate board or may designate certain officers of said
municipality to have the supervision and control of the
operation of the works constructed under the authority
of this chapter. which said board or designated officers
may make all necessary rules or regulations governing
the use, control and operation of said works: subject,
however, to the approval of the city council, or other leg-
islative body, by whatever name known.
(2) The city council, or other legislative body of the
municipality, by whatever name known, may establish
just and equitable rates or charges to be paid to the mu-
nicipality for the use of the utility by each person, firm
or corporation whose premises are served thereby; and
provided further, that if the charges so fixed are not paid
when due, such sums may be recovered by the said mu-
nicipality by suit in a court having jurisdiction of said
cause or by discontinuance of service of such utility until
delinquent charges for services thereof are paid, includ-
ing charge covering any reasonable expense for recon-
necting such service after such delinquencies are paid,
or any other lawful method of enforcement of the pay-
ment of such delinquencies
History.—s. 7. ch 17118. 1935. CGL 1936 supe. 3100(121
180.135 Utility services; refusal or discontinuance
of services for nonpayment of service charges by for -
1057
i
Ch. 180 MUNICIPAL PUBLIC WORKS F.S. 1989
mer occupant of rental unit prohibited; unpaid service
charges of former occupant not to be basis for lien
against rental property, exception.—
(1)(a) Any other provision of law to the contrary not-
withstanding, no municipality may refuse services or dis-
continue utility, water, or sewer services to the owner of
any rental unit or to a tenant or prospective tenant of
such rental unit for nonpayment of service charges in-
curred by a former occupant of the rental unit; any such
unpaid service charges incurred by a former occupant
will not be the basis for any lien against the rental prop-
erty or legal action against the present tenant or owner
to recover such charges except to the extent that the
present tenant or owner has benefited directly from the
service provided to the former occupant.
(b) This section applies only if the former occupant
of the rental unit contracted for such services with the
municipality or if the municipality provided services with
knowledge of the former occupant's name and the peri-
od the occupant was provided the services.
(2) The provisions of this section may not be waived
through any contractual arrangement between a munici-
pality and a landlord whereby the landlord agrees to be
responsible for a tenant's or future tenant's payment of
service charges.
(3) Any other provision of law to the contrary not-
withstanding, any municipality may adopt an ordinance
authorizing the municipality to withdraw and expend any
security deposit collected by the municipality from any
occupant or tenant for the provision of utility, water, or
sewer services for the nonpayment of service charges
by the occupant or tenant.
(4) In any case where a tenant subject to part II of
chapter 83 does not make payment for service charges
to a municipality for the provision of utility, water, or sew-
er services, the landlord may thereupon commence
eviction proceedings. Nothing in this section shall be
construed to prohibit a municipality from discontinuing
service to a tenant who is in arrears 30 days or more, or
as required by bond covenant.
History.—s 1. ch 84-292: s. 1, ch B9 -332,s 1. ch 89-272
180.14 Franchise for private companies; rate fix-
ing.—A private company or corporation organized un-
der the laws of the state for any of the purposes recited
in this chapter, may construct, operate and maintain
such works provided for in this chapter, within or without
the corporate limits of any municipality, upon application
by such company or corporation to the city council, or
other legislative body of the municipality, by whatever
name known, and the said municipality may grant to
said private company or corporation the privilege or fran-
chise of exercising its corporate powers for such terms
of years and upon such conditions and limitations as
may be deemed expedient and for the best interest of
said municipality for the accomplishment of the pur-
poses set forth in this chapter; said franchise, however,
to be for a period of not longer than 30 years; provided
further, that the rates or charges to be made by the pri-
vate company or corporation to the individual users of
the utility constructed or operated under authority of this
chapter shall be fixed by the city council, or other legisla-
live body of the municipality, by whatever name
upon proper hearing had for that purpose.
MMM.—s. 8, ch. 17118.1935; CGL 1936 Supp. 310003).
180.15 Liability of private companies.—Any private
company or corporation constructing or operating any
of the works provided for in this chapter, within or with-
out the corporate limits of any municipality, shall be lia-
ble for all damages occasioned by the acts, negligence
or injury to the rights of other persons, firms or corpora-
tions in the same manner and with the same limitations
as any other private corporation chartered under the
laws of the state.
History.—s. 9. ch. 17118.1935; CGL 1936 Supp. 310004).
180.16 Acquisition by municipality of property of
private company.—When a municipality has granted to
a private company or corporation a privilege or fran-
chise, as set forth in s. 180.14, if at the expiration of the
term of the privilege or franchise and after petition of the
private company or corporation, the municipality fails or
refuses to renew the privilege or franchise, then upon
further petition of the private company or corporation, its
property, consisting of all the works constructed and
used in the operation and use of the utility, together with
the appurtenances, materials, fixtures, machinery, and
real estate appertaining thereto, which is on hand at the
time of the expiration of said privilege or franchise, shall
be purchased by the said municipality at a price to be
mutually agreed upon; provided, however, if the price for
same cannot be agreed upon, the price shall be deter-
mined by an arbitration board consisting of three per-
sons, one of whom shall be selected by the city council
or other legislative body, one shall be appointed by the
private company or corporation, and the two persons so
selected shall select a third member of said board; and
provided further, that in the event said board cannot
agree as to the price to be paid by the said municipality,
then the municipality shall file appropriate condemna-
tion proceedings under chapter 73. within 6 months af-
ter the date of filing the original petition.
History.—s 10. ch 17116. 1935: CGL 1936 Suoo 310015)
180.17 Contracts with private companies.—Any
municipality may contract by and through its duly
authorized officers with any private company or corpora-
tion which is organized for any purpose related to the
provisions of this chapter, and may contract with said
private company or corporation for the construction or
use of such works authorized by this chapter.
History.—s 11. ch 17118. 1935. CGL 1936 SupO 310016)
180.18 Use by municipality of privately owned utili-
ty.—Whenever a private company or corporation shall
construct or operate any of the works authorized by this
chapter, the municipality wherein the same shall be con-
structed or operated shall not use the said works in any
manner except by and with the consent of the private
company or corporation in the manner and upon the
terms and conditions which are mutually agreeable to
the private company or corporation and the municipality,
except as hereinbefore provided.
History.—s. 12. ch. 17118. 1935: CGL 1936 Supc 310017)
180.19 Use by other municipalities and by individu-
als outside corporate limits. -
1058
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F.S.
MUNICIPAL PUBLIC WORKS Ch. 180
1989
(1) A municipality which constructs any works as are
authorized by this chapter, may permit any other munici-
pality and the owners or association of owners of lots or
lands outside of its corporate limits or within the limits
of any other municipality, to connect with or use the utili-
ties mentioned in this chapter upon such terms and con-
ditions as may be agreed between such municipalities,
and the owners or association of owners of such outside
lots or lands.
(2) Any private company or corporation organized to
accomplish the purposes set forth in this chapter, which
has been granted a privilege or franchise by a municipal-
ity, may permit the owners or association of owners of
lots or lands outside of the boundaries of said municipal-
ity granting said privilege or franchise, or other munici-
pality, to connect with and use the utility operated by the
said private company or corporation upon such terms as
may be agreed between the said private company or
corporation and the owners or association of owners of
said lots or lands or the said municipality.
mism,—s. 13, eh. 17118. 1935. CGL 1938 SUPP. 3100081
180.191 Limitation on rates charged consumer out-
side city limits.—
(1) Any municipality within the state operating a wa-
ter or sewer utility outside of the boundaries of such mu-
nicloality shall charge consumers outside the bouncla-
ties rates, fees, and charges determined in one of the
following manners:
ta) It may charge the same rates. fees. and charoes
as consumers inside the municipal boundaries. Howev-
er. 1n addition thereto, the municipality may add a sur-
charge of not more than 25 percent of such rates, fees.
and charges to consumers outside the boundaries. Fix-
1no of such rates, fees, and charges 1n this manner shall
not require a public heanno except as may be provided
for service to consumers inside the municipality.
Ib) It may charge ratesfees, and charges that are
just and equitable and which are based on the same fac-
tors used in fixing the rates. fees. and charges for con-
sumers inside the municipal boundaries.!n addlucn
thereto, the municipality may add a surcharge not to ex-
ceed 25 percent of such rates. tees. and charges icr
sato services to consumers outside the bounganes
however. the total of such rales. fees, and charges tci
me services to consumers outside the boundaries sna,�
not oe more than 50 percent in excess of the total
amount the municipality charges consumers served
witnin the municipality for corresponding service. No
such rates, fees. and charges shall be fixed until after
a public hearing at which aFl of the users of the water or
sewer systems: owners, tenants. or occupants of prop-
erty served or to be served thereby: and all others inter-
ested shall have an opportunity to be heard concerning
Me proposed rates, fees. and charges. Any change or
revision of such rates, fees. or charges may be made in
the same manner as sucn rates. fees, or charges were
originally established. but if such change or revision is
to be made substantially oro rata as to all classes of ser-
vice. no hearing or notice shall be required.
'2) Whenever any municipality has engaged. or
there are reasonable grounds to believe that any munio: -
panty is about to engage. 1n any act or practice prohibit-
ed by subsection (1) or subsection (5), a civil action for
preventive relief, including an application for a perma-
nent or temporary injunction, restraining order, or other
order, may be instituted by the person or persons ag-
grieved.
(3) This section shall apply to municipally owned wa-
ter and sewer utilities within the confines of a single
county.
(4) This section shall not apply to a county operating
under a home rule charter if that county has in operation
under the charter an agency regulating water and sewer
systems except as provided in subsection (5).
(5)(a) Any municipality operating a municipally
owned water and sewer utility and providing water and
sewer service outside the boundaries of the municipality
and within the confines of a single county, which munici-
pality is eligible for and specifically exercises the exemp-
tion from county rate regulation as provided for in para-
graph (b), shall charge consumers outside the bounda-
ries the same rates, fees, and charges as consumers in-
side the municipal boundaries.
(b) The provisions of this section shall be applicable
within a county that was regulating water and sewer
rates on or before May 1, 1988. with respect to any mu-
nicipality operating a municipally owned water and sew-
er utility outside the boundaries of the municipality and
within the confines of a single county. provided that.
1. The municipality was providing water and sewer
service to consumers outside municipal boundaries pri-
or to the date the county agency commenced regulation
of the rates, fees, and charges for such water or sewer
services;
2. The governing body of the municipality adoois
an ordinance, under the authority of this section. moddy
ing the current water and sewer system rate structure
1n such manner as may be necessary to bring the meto
od of rate determination into compliance with the oro::
sions of this subsection and declaring the municipality <
exemption, to take effect upon the effective date of saic
ordinance, from county agency reoulatlon of water an.
sewer rates, fees. and charges; an,.
3 Tne municipality remains in compliance will the
provisions of this subsecticr
Nothing in this subsection shall be construed to reoulr`
eligible municipalities to so exempt themselves fro -
county rate regulation or to subject municipal water c -
sewer utility rates, fees, and cnarces for services re-,
dared within the boundaries of a municipality to repul.':-
tion by a county agency, and any such rates, fees and
charoes shall remain a matter of municipal determine
tion in accordance with law.
(5) In any action commenced pursuant to this se --
tion. the court in its discretion may allow the orevamn-�
party treble damages and. in addition. a reasonable
torney's fee as part of the cost.
Ximgo ss I. 2. 3 4. 5. ch. 70-997: s 1. ch. 88-3:^
180.20 Regulations by private companies: rates:
contracts.—Whenever any private company or corpora-
tion oroanized for the accomplishment of the purposes
of this chapter is oranted a privilege or franchise by a
municipality, it may prescribe the terms upon whlc
1055
Ch. 180 MUNICIPAL PUBLIC WORKS F.S. 1989
owners and occupants of houses, buildings or lots may
obtain the use of the utility constructed and operated by
the said private company or corporation, and the rate
charged for such use, and also the rate and terms upon
which the municipality may use such utility for public
purposes; such rates, however, shall be subject to the
approval of the city council, or other legislative body of
the municipality, by whatever name known; provided,
however, that the municipality may contract with the
said private company or corporation to pay the said
company or corporation a flat or fixed rate for such ser-
vice and use of the utility and may pay out of the general
revenue or any special revenue such rate as agreed.
History.—s. N, ch. 17118, 1935: CGL 1936 Supp 310009).
180.21 Powers granted deemed additional.—The
authority and powers granted by this chapter to munici-
palities shall be in addition to but not in limitation of any
of the powers heretofore or hereafter granted to munici-
palities now existing or hereafter created.
History.—s. 15. ch. 17118.1935: CGL 1936 Supp. 310x20).
180.22 Power of eminent domain.—
(1) Any municipality or private company or corpora.
tion authorized to carry into effect any or all of the pur-
poses defined in this chapter may exercise the power
of eminent domain over railroads, traction and streetcar
lines, telephone and telegraph lines, all public and pri-
vate streets and highways, drainage districts, bridge
districts, school districts, and any other public or private
lands or property whatsoever necessary to enable the
accomplishment of the purposes of this chapter.
(2) Any municipality which exercises its power un-
der this section outside of its corporate boundaries for
the accomplishment of the purposes of this chapter may
finance such extraterritorial project in any manner in
which it is presently authorized by law to finance a like
project within its corporate boundaries.
History.—s 16, ch 17118. 1935: CGL 1936 Supp. 310x21)- s. 1. ch 78-196
180.23 Contracts with engineers, attorneys and
others; boards.—Any municipality desiring to con-
struct, maintain or operate any of the utilities described
in this chapter, may contract with engineers and attor-
neys for professional services required for the accom-
plishment of any or all of the purposes of this chapter:
provided, however, that such employment is to be evi-
denced by written agreement setting forth the terms
and conditions of the employment; provided further, that
such municipality may also create such other offices and
boards as may be necessary and expedient for carrying
out the purposes of this chapter and shall provide suit-
able and fit compensation for the same.
History.—s. 17, ch. 17118. 1935: CGL 1936 Supp, 310x22).
180.24 Contracts for construction; bond; publica-
tion of notice; bids.—
(1) Any municipality desiring the accomplishment of
any or all of the purposes of this chapter may make con-
tracts for the construction of any of the utilities men-
tioned in this chapter, or any extension or extensions to
any previously constructed utility, which said contracts
shall be in writing, and the contractor shall be required
to give bond, which said bond shall be executed by a
surety company authorized to do business in the state;
provided, however, construction contracts in excess of
$1,000 shall be advertised by the publication of a notice
in a newspaper of general circulation for 2 consecutive
weeks in the county in which said municipality is locat-
ed, or by posting three notices in three conspicuous
places in said municipality, one of which shall be on the
door of the city hall; and that at least 10"days shall
elapse between the date of the first publication or post-
ing of such notice and the date of receiving bids and the
execution of such contract documents.
(2) All contracts for the purchase, lease or renting of
materials or equipment to be used in the accomplish-
ment of any or all of the purposes of this chapter by the
municipality, shall be in writing; provided, however, that
where said contract for the purchase, lease or renting
of such materials or equipment is in excess of $1,000,
notice or advertisement for bids on the same shall be
published in accordance with the provisions of subsec-
tion (1).
Hlmq.—s. 18. ch. 17118, 1935: CGL 1936 Supp. 3100(23): s. 3. ch. 73-129.
Note.—Former s. 258.28.
180.25 Contents of notice of issuance of certifi-
cates.—The form of the notice for advertising the pro-
posed issuance of mortgage revenue certificates or de-
bentures shall contain the amount of the certificates to
be sold and the rate of interest thereon: a description in
general terms of the utility to be constructed; the time,
place and date where bids for the sale of the same are
to be received; and such other pertinent information as
may be deemed necessary.
History.—s. 19. W. 17118, 1935; CGL 1936 Supp. 31024)
180.26 Form of certificates.—The certificate of in-
debtedness to be issued under the terms and condi-
tions of this chapter shall contain a description of the
utility, the revenue of which is pledged, together with the
terms of payment of the same, as is established by the
ordinances or resolutions of the municipality, in accord-
ance with the conditions heretofore established in this
chapter, and may or may not have attached thereto in-
terest coupons, and shall contain such other and further
conditions as shall be determined by the governing
body of the municipality, in accordance with the terms
and conditions of this chapter.
History.—s. 20. ch 17118. 1935: CGL 1936 Supp, 31001251
180.301 Purchase or sale of water or sewer utility
by municipality.—No municipality may purchase or sell
a water or sewer utility that provides service to the pub-
lic for compensation, until the governing body of the mu-
nicipality has held a public hearing on the purchase or
sale and made a determination that the purchase or sale
is in the public interest. In determining if the purchase
or sale is in the public interest, the municipality shall con-
sider, at a minimum, the following:
(1) The most recent available income and expense
statement for the utility;
(2) The most recent available balance sheet for the
utility, listing assets and liabilities and clearly showing
the amount of contributions -in -aid -of -construction and
the accumulated depreciation thereon:
(3) A statement of the existing rate base of the utility
for regulatory purposes;
1060
F
t
s
I
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1
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1
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F.S. 1989 MUNICIPAL PUBLIC WORKS Ch. 180
(4) The physical condition of the utility facilities be-
ing purchased or sold;
(5) The reasonableness of the purchase or sales
price and terms;
(6) The impacts of the purchase or sale on utility
customers, both positive and negative;
(7) Any additional investment required and the abili-
ty and willingness of the purchaser to make that invest-
ment, whether the purchaser is the municipality or the
entity purchasing the utility from the municipality;
(8) The alternatives to the purchase or sale and the
potential impact on utility customers if the purchase or
sale is not made; and
(9) The ability of the purchaser to provide and main-
tain high-quality and cost-effective utility service,
whether the purchaser is the municipality or the entity
purchasing the utility from the municipality.
The municipality shall prepare a statement showing that
the purchase or sale is in the public interest, including
a summary of the purchaser's experience in water and
sewer utility operation and a showing of financial ability
to provide the service, whether the purchaser is the mu-
nicipality or the entity purchasing the utility from the mu-
nicipality.
Mhtwy.-s. 2. a. 64-84.
1061
ilolo -1
0IX,
LAWS OF FLORIDA CHAPTER 59-1380
=sued for such. sidewalk
Became a law without the Governor's approval.
Filed in Office Secretary of State May 2, 1959.
r shall have and retain
Wided by the Laws of
c on of roads and road
CHAPTER 59-1380
t�- an additional method
-ns and on the roads and
HOUSE BILL NO. 251
AN ACT relating to Indian River County; authorizing the Board
Act the Board of Countv
of County Commissioners to grant franchises in unincorporated
-? herebv authorized and
areas for the construction, operation and maintenance of public
.^ the general fund of
including water systems, sewage systems, gas systems and
_ order to establish an
utilities,
sanitary garbage service; prescribing the method of granting such
:pose of carrving out the
franchises and the terms thereof; requiring bonds of licensees;
yyjh revenue certificates
exempting certain utilities from the terms hereof; providing pro-
a<, t of which said funds
for hearings of complaints against licensees and the dis-
h- evenue received from
cedures
position thereof, including reviewing and fixing of rates; au-
ve to said improvements.
thorizing transfer of franchises only under certain conditions;
araeraph or clause of
and providing an effective date.
aror void, the remaining
Be It Enacted by the Legislature of the State of Florida:
remain in full force and
ON
Section 1. Short title of Act.
in conflict herewith are
That this Act may be cited as "Utility Act of Indian River
County".
iy or the passage of this
Section 2. Definitions.
?d as required by Section
That whenever used in this Act, unless a different meaning clear-
Slate of Florida, and affi-
ly appears from the context;
tl r with a true copy of
the Bill therefor
(a) The term "County" shall mean the County of Indian River.
ct .vhen
i accompanied said Bill
(b) The term "County Commissioners" shall mean the Board
v L9pctions 11.02 and 11.03
of County Commissioners of Indian River County.
itt a hereby declares that
ictent in form and in sub-
(c) The term "utility" or "utilities" as used herein shall mean
!IUIH of the Constitution
any business or undertaking, public or private, which owns, oper-
at . of Florida have been
ates and/or manages any of the following:
(1) Water system, water works system and/or water treat-
i%mediately upon its be-
ment plant, or other operation concerning water production, dis-
tribution, and/or sale; and/or
1701
CHAPTER 59-1380 LAWS OF FLORIDA
(2) Sewerage system, sewage distribution system, sewage treat-
ment works and any other undertaking in which sewage is received,
processed, treated and/or distributed: and/or
3) Gas system, gas distribution system. gas plant. and any
Other undertaking in which gas, natural or otherwise, is processed
and distributed by means of pipes. mains, conduits. and the like,
to the _place of ultimate consumption.
(4) Garbage service. whether the same be a service for picking
up garbage and hauling the same away and/or incinerator or other
method of treating garbage.
(d) The term "person" shall include any person, firm. cor-
poration, or legal entity, and the use of any gender shall include
all genders.
Section 3. Declaration of Policy.
That the County of Indian River. due to its rapid growth indus-
trially and in population, requires a method whereby areas of said
County, outside of municipalities, may be properly serviced by the
above utilities, it is hereby found and declared that it is in the
public interest for the Board of County Commissioners of Indian
River County to be given the authority and power to grant fran-
chises in said County, outside of municipalities, for the construc-
tion. operation and maintenance of such utilities.
Section 4. Powers of the Board of County Commissioners.
That in addition to the powers which it may now have, the
Board shall have the power under this Act:
(a) To grant franchises to any person, firm or corporation
which said Board fords. after public hearing, to be qualified to
construct, operate and/or maintain a utility in said County, but
outside the limits of any municipality. Any such franchise may be
exclusive to such person or in the discretion of said Board, any
such franchise may be non-exclusive and issued with the right
to said Board to grant another franchise for the same utility and
for the same area.
(b) To hold such hearings as the Board may deem appropriate
or necessary to determine the qualifications of any person, firm,
1702
M
LAWS OF FLORIDA CHAP= 59-1380
or corporation applying for any franchise under this Act. Appli-
�tem, selvage treat- cations for any franchise hereunder shall be submitted to said
sewage is received. Board in writing, and shall outline the area which the applicant
desires to service: utility service or services which it desires to
as giant. and anv perform or furnish: the duration of time for which it requests such
_nvtse. is processed ranchise: such data as the Board deems proper concerning the
._suits. and the like. financial ability of the applicant to properly discharge the respon-
sibilities given to it under such franchise: and such other data
as the the Board may deem appropriate. The Board shall grant such
service for picking franchise only after at least one public hearing, of which notice
r_ ,icinerator or other shall be given. by publication in a newspaper regularly published in
said County, at least one time, not more than one month, nor
person. firm, cor-
less than one week. preceding such hearing. Certified Proof of
,�nder shall include Notice of such hearing shall be filed with said Board. Such hearing
may be continued from time to time by the Board.
(c) To require of any such person, firm, or corporation, to
whom a franchise under this Act is granted. such bond or other as -
rapid growth indus-
surance of performance as the Board shall deem necessary.
--jpreby areas of said
-1y serviced by the
(d) To limit such franchise to such utility or utilities. and to
C
: d that it is in the
such area or areas, and to such time limitation. as the Board,
=issioners of Indian
in each 'instance, shall determine.
;—ever to grant fran-
(e) To include in any such franchise a license or easement
. , for the construe-
over, upon and across the streets, roads, alleys, and other rights
-:e5.
of ways in said County, located outside the corporate limits of any
J'"Commissioners,
municipality, for the construction, maintenance, repair, operation
and removal of pipe limes, conduits, and other similar equipment for
.,.ay now have, the
the transmission of water, sewerage or other transmissible material,
provided, however, said Board shall include in any such franchise
or license, adequate provisions:
rm or corporation
,g, to be qualified to
(1) To prevent the creation of any obstructions or conditions
in said County, but
which are or may become dangerous to the travel -mg public.
=u ^i franchise may be
(2) To require the licensee to repair any damage or injury to
,n__)f said Board, any
s
issued with the right
the road or highway by reason of the exercise of the privileges
- e same utility and
granted in any instrument creating such license and to repair any
road or highway promptly, restoring the same to a condition at
least equal to that which existed immediately prior to the infliction
may deem appropriate
of such damage or injury.
any person, firm,
(3) Whereby the licensee shall hold the Board of County Com -
1703
CHAPTER 59-1380 LAWS OF FLORIDA
missioners and members thereof harmless from the payment of any
compensation or damages resulting from the exercise of the privi-
leges granted in any instrument creating such licenses: and
(4) in addition to the -foregoing, provisions as maybe reasonably
necessary, for the protection of the County and the public.
(5) in the event any road, highway, or right of way over,
under or upon which such license or easement is granted. shall be
closed, abandoned, vacated or discontinued, the Board of County
Commissioners may terminate such easement or license as to such
road, highway or right of way, as is closed, abandoned, vacated or
discontinued.
(6) To require the licensee to move or remove any pipelines,
poles. conduits or other facilities at no cost to the County in the
event of the widening or repair or reconstruction of any such
street, road, alley or other right of way.
(f) If any person or party serviced by a utility operating
under such a franchise, complains to said Board concerning the
rates. charges and operation of such utility, and such utility, after
request is made upon it, by the Board of County Commissioners,
fails to satisfy or remedy such complaint or objection, and/or fails
to satisfy said Board that said complaint or objection is not
proper, the Board may thereupon, after due notice to such utility,
schedule a hearing concerning such complaint or objection, and
the Board may review the rates and charges set and charged by
such utility for the services which it furnishes, and the nature
and character of the services it furnishes, and the quality of services
furnished, pursuant to such franchise. If the Board enters order
pursuant to such hearing, and the utility or any other person, firm
or corporation participating in such hearing feels itself aggrieved
by such order, the utility or such person, firm or corporation may
seek review of the Board's action by proceedings in the Circuit
Court of the County. This section, however, shall not apply to any
utility or to any utility system owned or managed by any munici-
pality.
(g) Such franchise shall be for such term of years as the Board
shall determine, but not to exceed ninety-nine (99) years. Such
franchises shall be transferrable and assignable; provided:
1704
LAWS OF FLORIDA CHAPTER 59-1380
e payment of any (1) Notice or request for transfer and assignment shall be given
.c.'": of the privi- by the then holder of the franchise to said Board in writing, ac-
n_ss: and companied by a request from the proposed transferee/assignee,
which application shall contain information concerning the financial
:avbe reasonably status and other qualifications of the proposed transferee/assignee.
public. and such other information as the Board shall require.
:ht of way over. (2) A public hearing shall be held on such request of which
Wnted, shall be notice shall be given by publication in a newspaper regularly
3 ird of County published in said County at least one time, not more than one
it—ase as to such month, nor less than one week. preceding such hearing. Certified
ioned. vacated or Proof of Publication of such notice shall be filed with the Board.
Said hearing may thereafter be continued from time to time as de-
ve-any pipelines, termined by the Board.
ie County in the (3) The proposed transferee/assignee must meet the same re -
:k"' of any such quirements and comply with the same rules and regulations as
would be required of an original applicant for a franchise.
4Uty operating (h) To include in said franchise such additional terms and pro-
d oncerning the visions as shall properly assure the orderly servicing of such area,
-u_a utility, after therein included, by such person, firm, or corporation of the utility
1. Commissioners, or utilities referred to in said franchise: and, if any such person,
:r i, and/or fails firm. or corporation receiving such franchise fails or refuses to
o ection is not properly discharge the same, the Board shall give such person,
:e to such utility, firm or corporation written notice of such deficiencies or defaults,
>r.objection, and and a reasonable time within which such person, firm. or corpora -
A charged by tion shall remedy the same, and properly furnish the service re-
-id the nature quired by said franchise. Such deficiency or default shall be specifi-
;uality of services cally set forth in such notice from the Board. If such person, firm,
)ate enters order or corporation fails to remedy such deficiencies of defaults within
>t) r person, firm the time required by said Board in its notice, the Board may
s itself aggrieved thereafter schedule a hearing concerning the same, with reasonable
W poratioti may notice thereof to said person, firm, or corporation, and after said
gs m the Circuit hearing, at which all interested parties shall be heard, the Board
r._t apply to any may further limit or restrict said franchise, or may terminate and
d by any munici- cancel the same, if proper reasons thereby are found by the Board.
If the Board enters order pursuant to such hearing, and the utility
ears as the Boazcf or any other person, firm or corporation participating in such
hearing feels itself aggrieved by such order the utility or such
(99) years. Such other person, firm or corporation may seek review of the Board's
or'lfded: action by proceedings in the Circuit Court of the County.
1705
CanPzEtss-1380 LAWS OF FLORIDA
(i) Any franchises granted pursuant to this Act shall be limited
as follows:
(1) No user of natural or other gas, to the average amount
of 100,000 cubic feet -per day, would be required to deal with said
utility, but any such user shall be at liberty to make direct con-
tracts with any gas pipe line company or other source of gas.
(2) Any person, firm or corporation using, in normal average
consumption, more than 100,000 gallons of water per day, shall not
be required to deal with said utility, but any such water user
shall be at liberty to secure its water from such source or sources
as it might desire. Any franchise for water shall also exempt and
except therefrom any public agency producing water for resale
at wholesale.
(j) Notwithstanding anything contained herein to the con-
trary, nothing in this Act or in any franchises granted hereunder
shall:
(1) Prevent landowners to exercise their vested rights to pump
water for their own use, nor shall the riparian and other water
rights of landowners be in any way impaired, reduced, or affected
hereby.
(2) Limit or restrict any person, now or hereafter, owning or
occupying any premises now serviced with natural gas and water
from continuing to receive such services and purchase natural gas
and water from any person, firm or corporation now selling such
natural gas and water to said owner or occupant, provided, how-
ever, if such owner or occupant requests services and purchases
.natural gas and water from any grantee in any franchises issued
hereunder, then the provisions of any franchises issued hereunder
with respect to the product purchased, shall apply to such owner,
occupant, or the land involved, and the above rights, with respect
to such product reserved to any such owner or occupant shall
cease and terminate.
(3) Affect, limit or restrict the rights or privileges as set forth
and contained in any license issued to any utility heretofore granted
by the Board of County Commissioners pursuant to Section 125.42,
Florida Statutes.
(k) Any person operating a public utility as herein defined at
1706
^
LAWS OF FLORIDA CHAPTER 59-1331
Act shall be limited
the time this Act becomes law may apply within one year hereafter
s
for a franchise hereunder and the County Commissioners, without
..
the necessity of public bearing, shall grant, without requiring bonds,
rh, average amount
a non-exclusive franchise to such applicant with respect to the
:ed to deal with said
area or areas now being served. provided, however, if any such
-' make direct con-
person shall desire an exclusive franchise then the procedure, re -
et source of gas.
quirements, conditions, limitations and terms contained in sub -
sections 4(a) to 4(j) inclusive shall apply to any such application.
g, in normal average
to^per day, shall not
Section 5. This Act shall be cumulative and in addition to any
:n such water user
powers and authorities heretofore granted to said Board or to
ich source or sources
Boards of County Commissioners under the general laws of the
hau also exempt and
State of Florida.
:it water for resale
Section 6. All laws or parts of laws in conflict herewith are
hereby repealed. If any part of this Act shall be unconstitutional,
iwrein to the con-
the remainder shall not be invalidated thereby, and all laws and
e:. ;ranted hereunder
parts of laws thereof in conflict herewith, are hereby repealed.
Section 7. This Act shall take effect immediately upon its be-
veated rights to pump
coming a law.
ri. i and other water
Became a law without the Governor's approval.
L reduced, or affected
Filed in Office Secretary of State May 9, 1959.
^
J reafter, owning or
natural gas and water
CHAPTER 59-1381
pgurchase natural gas
itt i now selling such
HOUSE BILL NO. 1779
ul nt, provided, how-
ervices and purchases
AN ACT relating to Indian River County; authorizing the Board
aw franchises issued
of County Commissioners to employ a County Medical Ex -
issued hereunder
aminer; to fix the term of his employment and his compensation;
.0 s
apply to such owner,
to provide his duties; to authorize the performance of autopsies;
.
ve rights, with respect
and to authorize the budgeting of expenditures of funds from
,
county funds to pay the necessary expenses for carrying out the
ni or occupant shall
purposes hereof; providing an effective date.
privileges as set forth
Be It Enacted by the Legislature of the State of Florida:
ill • heretofore granted
Section L The hoard of county commissioners of Indian River
v it to Section,&25.42,
county shall be authorized and empowered to appoint and employ
a county medical examiner to serve at the pleasure of the board,
ty^ts herein defined at
and who shall be a licensed practicing physician, surgeon, or path -
1707
PART
CHARTER*
Art.
I.
Creation and Powers, §§ 1.01-1.06
Art.
II.
City Council, §§ 2.01-2.10
Art.
III.
Administrative and Legal Departments, §§ 3.01-3.06
Div. 1. Generally, § 3.01
Div. 2. Police Department, §§ 3.02-3.04
.n
Div. 3. Legal, § 3.05
Art.
IV.
Elections, §§ 4.01-4.14
Art.
V.
General Provisions, §§ 5.01, 6.02
Art.
VI.
Transition, §§ 6.01-6.06
n
ARTICLE I. CREATION AND POWERSt
OR Sec. 1.01. Creation and powers.
The City of Sebastian, Florida, as now established, shall
continue to be a municipal body politic and corporate in
OR perpetuity under the name "City of Sebastian" and, under
that name, shall have all governmental, corporate, and
proprietary powers to enable it to conduct municipal
sa government, perform municipal functions and render
municipal services, and may exercise any power for
municipal purposes except as otherwise provided by law.
Sec. 1.02. Extraterritorial powers.
In addition to the powers enumerated herein, the city
.. shall be vested with all extraterritorial powers heretofore
granted by the prior Charter of the City of Sebastian,
Florida, as follows:
.. (1) Acquisition of property. To acquire by purchase, gift,
devise, condemnation, lease or otherwise, real or
*Editor's note—Printed herein is the Home Rule Charter of the City of
Sebastian adopted by Ordinance Number 0-78-9 on October 9, 1978, and
approved at referendum on December 11, 1978. The Charter became
effective January 1, 1979.
^, State law references—Municipal Home Rule Powers Act, F.S. Ch. 166;
Charter amendments, F.S. § 166.031.
tState law reference—Home rule powers generally, F.S. § 166.021.
1
(2) Docks, wharves, sea walls. To establish, construct,
maintain, operate and control public landings, piers,
wharves and docks within and without the city, and to
acquire lands, riparian rights or other rights and
easements necessary for such purposes; to control and
regulate the operation of boats and the speed thereof;
to lay and collect reasonable duties, charges or fees on
vessels or watercraft coming into or using such
landings, wharves, and docks; to regulate the manner
of using any and all wharves and docks within and
without the city and the rates of wharfage or charges
r� to be paid by vessels or other watercraft using the
same.
(3) Use of public lands and waters. To regulate and
control the use and occupancy of the waters,
an
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$ 1.02 SEBASTIAN CODE
.w
personal property or any estate therein, or riparian
rights or easements therein, within or without the
city, to be used for any municipal purpose, including
cemeteries or places for burial of the dead; streets and
highways, public parking lots or spaces; bridge and
,.,
tunnel sites; the construction of a telephone system;
plants, works and wells and other equipment neces-
sary for supplying said city with water, ice, gas for
illuminating and heating purposes, and electric power
for illuminating, heating or power purposes; the
location of waterworks and sites for public utility
works; the establishment of poor houses, houses of
detention and correction; hospitals for the cure or
detention of the sick; jails; market houses, public
parks, playgrounds, airports, docks, sea walls, yacht
harbors, wharves, warehouses, promenades; plants for
cremating, neutralizing or otherwise destroying sewer-
age, garbage and refuse; for extension of sewer and
drainage pipes and watermains; and for any public or
municipal purpose; and to improve, sell, lease, pledge
or otherwise dispose of same or any part thereof for
the benefit of the city, to the same extent that natural
persons might do, in the manner provided in this
Charter.
(2) Docks, wharves, sea walls. To establish, construct,
maintain, operate and control public landings, piers,
wharves and docks within and without the city, and to
acquire lands, riparian rights or other rights and
easements necessary for such purposes; to control and
regulate the operation of boats and the speed thereof;
to lay and collect reasonable duties, charges or fees on
vessels or watercraft coming into or using such
landings, wharves, and docks; to regulate the manner
of using any and all wharves and docks within and
without the city and the rates of wharfage or charges
r� to be paid by vessels or other watercraft using the
same.
(3) Use of public lands and waters. To regulate and
control the use and occupancy of the waters,
an
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CHARTER § 1.02 �
waterways, water bottoms, wharves, causeways,
bridges, beaches, streets, thoroughfares, alleys, parks,
.. public lots, and 'other public places in the city and
municipally owned or leased property within or
without the city limits; and to impose and enforce
adequate penalties for violation of such rules and
regulations.
(4) Public utilities. To furnish any and all local public
,.
services, including electricity, gas, water, lights, or
transportation, and to charge and collect necessary
fees or charges therefor; to purchase, hire, construct,
own, extend, maintain, operate or lease any public
utilities, electric light system, telephone and telegraph
system, waterworks and plants, ice plants, and works,
gas plants and distribution systems, bus or transit
systems, radio broadcasting stations, television sta-
tions, cablevision rebroadcasting systems, telephone
systems, or other public utility; to establish, impose
and enforce rates and charges for supplying such
services or conveniences by the city to any person,
persons, firm or corporation; to furnish any and all
local public services to persons, firms, industries, or
municipal corporations residing or located outside of
the limits of said city. To acquire in any lawful
manner in the State of Florida such water, lands and
..
lands under water as the city council may deem
necessary for the purpose of providing an adequate
water supply for said city and the piping and
conducting of the same, to make reasonable rules and
regulations for promoting the purity of its said water
supply and protecting the same from pollution and for
this purpose to exercise full police powers over all
lands comprised within the limits of the water shed
tributary to any.such supply wherever such lands may
be located in the State of Florida.
(5) Abatement of nuisances. To compel the abatement
and removal of all nuisances within the city or upon
the property owned by the city beyond its corporate
..
limits, at the expense of the person or persons causing
.�3
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_
Chapter 27
UTILITIES•
Art. I. In General, §§ 27-1-27-17
^� Art. II. Franchisee, §§ 27-18-27-39
Art. M. Water and Sewer Hookups, §§ 27.40-27.50
Art. IV. Water and Sewer Service Generally, §§ 2751-27.125
Div. 1. General Provisions, §§ 27-51-27-70
_ Div. 2. Impact Fees, §§ 27.71-27.85
Div. 3. Special Assessments, §§ 27-86-27-100
Div, 4. Special Assessments in Lieu of Impact Fees, §§ 27-101-
27-110
ON Div. 5. Priority of Lien; Legal Proceedings, Etc., § § 27-111-27-120
Div. 6. Connections, §§ 27-121-27.125
'" ARTICLE I. IN GENERAL
Sec. 27-1. Definitions.
ON [As used herein, the following words and phrases shall
have the meanings respectively ascribed to them:]
ON City refers to the City of Sebastian, Florida.
Franchise means a contract with the city by which the
utility is licensed to conduct a particular business within a
particular area for a given period of time.
Utility means water or sewer utilities serving subdivision,
apartment and housing complexes, condominium, mobile
.. home or trailer parks, industrial complexes, shopping
centers and similar systems. "Utility" includes wells,
pumps, tanks, treatment facilities, distribution systems,
water meters, disposal facilities, force mains, pump stations,
collection systems, service lines and pipes, real estate and
easements necessary to such systems and includes every
person, corporation, lessee, trustee, or receiver owning,
WIN operating, managing or controlling a utility system or
proposing construction of a system or who is providing or
•Cross references—Buildings and building regulations, Ch. 7; flood
M
damage prevention, § 7-151 at seq.; streets, sidewalks and other public
places, Ch. 23; franchisee, App. B.
Supp. No. 12 1623
ON
ON
§ 27-1 SEBASTIAN CODE
proposes to provide water or sewer service to the public.
(Ord. No. 0-78-6, § 4, 9-11-78; Ord. No. 0-80-24, § 2,
10-29-80)
Sea 27-2. Regulation in public interest.
The regulation of utilities in the city is declared to be in
the public interest and this is an exercise of the police power
of the city for the protection of the public health, safety and
welfare. (Ord. No. 0-78-6, § 3, 9-11-78)
Sec. 27-3. Jurisdiction of city.
.. The city, by and through the city council, shall have
jurisdiction over each utility within the city limits with
respect to its authority, service and rates to be determined
by separate resolution of the city council. (Ord. No. 0-78-6, §
2,9-11-78)
Sec. 27-4. Rates; procedure for fixing and changing.
(1) Except as provided in subsection (4) rates and charges
being charged and collected by a utility shall be changed
only by approval of the council. The council shall, either
upon request or upon its own motion, fix rates which are
just, reasonable, compensatory, and not unfairly discrimina-
tory.
(2) The company and its successors and assigns shall at
all times be limited in its charges for services furnished in
accordance with its franchise to a schedule of charges which
shall be presented to and approved by said council. The
initial water rates and other charges described in the
.. franchise shall be the rates in effect pursuant to this grant
until modified or changed by the parties.
The company may, if it deems it.necessary to amend or
.. change said schedule or charges, give the council notice in
writing of same. Within sixty (60) days after notice as
aforesaid, the council shall authorize and hold a public
hearing and within thirty (30) days after such public
hearing, if the council shall decline to act, then the company
Supp. No. 12 1624
on
.. uTIL=S 4 27-4
may forthwith put into effect such amendment or change of
., schedule. It is understood and agreed that if the company
should raise charges as hereinabove stated, the monies so
collected shall be escrowed by the company or shall post
with the council a good and sufficient surety bond, for a
period of ninety (90) days. In the event the council should
deny the raise at any time during this ninety -day period,
the company shall refund to its customers the monies
Supp. No. 12 1625
M
UTILITIES § 27-4
collected by virtue of the raise. However, upon the expiration
of the said ninety -day period, if no action is taken by the
council theretofore, the monies shall become the funds of the
company and there shall be no further obligation on the
part of the company to excrow any monies or in the case of
a surety bond, said surety bond will no longer be in force,
and the increase in charges shall continue the same as if the
request of the company had been granted.
(3) The council, in fixing rates, may determine the
prudent cost of providing service during the period of time
the rates will be in effect following the entry of a final order
.. relating to the utility's rate request and may use such costs
to determine the revenue requirements that will allow the
utility to earn a fair rate of return on its rate base.
(4) (a) The approved rates of any utility which receives
all or any portion of its utility service from a governmental
agency or from a water or sewer utility regulated by the
.. council and which redistributes that service to its utility
customers shall be automatically increased or decreased
without hearing, upon verified notice to the council ninety
(90) days prior to its implementation of the increase or
decrease that the rates charged by the governmental agency
or other utility have changed. Provisions of this subsection
shall not prevent a utility from seeking changes in rates
^' pursuant to the provisions of subsection (2).
(b) Before implementing a change in rates under this
subsection the utility shall file an affirmation under oath as
to the accuracy of the figures and calculations upon which
the change in rates is based and that the change will not
cause the utility to exceed the range of its last authorized
.. rate of return. Whoever makes a false statement in the
affirmation required hereunder which he does not believe to
be true in regard to any material matter shall be guilty of a
felony of the third degree, punishable as provided in
Sections 775.082 and 775.083, Florida Statutes.
(c) If, within twenty-four (24) months of an adjust-
ment in the rates as authorized by this subsection, the
council shall find that a utility did thereby exceed the range
Supp. No. 1
1626.1
No
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of its last authorized rate of return as set forth in paragraph
(e) below, it may order the utility to refund the difference to
the rate payers. These provisions shall not be construed to
require a corporate performance bond not otherwise
required.
(d) Notwithstanding anything herein to the contrary,
no utility may adjust its rates under this subsection more
No than two times in any twelve-month period.
(e) The council shall by order each year establish a
minimal authorized rate of return on common equity which
shall reasonably reflect the minimum return on equity for
an average water or sewer utility and which, for purposes of
this section, shall be the last authorized rate of return for
any utility which otherwise would have no established rate
of return. Said minimal return on common equity shall not
apply to any utility once an overall rate of return has been
established for said utility in a proceeding which will result
.. in the establishment of an authorized rate of return. (Ord.
No. 0-78-6, § 6, 9-11-78; Ord. No. 0-80-24, § 3, 10-29-80)
Sec. 27-5. Operating and testing in accordance with
agency rules and regulations.
Upon completion of the utility, the applicant shall be
responsible for the operation and regular testing of the
utility in accordance with the rules and regulations of all
agencies having jurisdiction, in particular the state depart-
ment of environmental regulation for water systems, and the
state pollution control for sewerage systems. (Ord. No.
0-78-6,§ 7, 9-11-78)
M Sec. 27-6. Annexation of existing systems.
M
r.
Annexation of existing water and sewerage systems must
comply with the requirements and provisions of this
chapter. (Ord. No. 0-78-6, § 8, 9-11-78)
Secs. 27-7-27-17. Reserved.
Supp. No. 1
1626.2
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UTA 1 S § 27-19
ARTICLE II. FRANCHISES
.,
Sec. 27-18. Generally.
The following sections of this article are standards and
procedures for the grant of utility franchises in accordance
with this chapter, the guide lines laid down in Chapter 367,
Laws of Florida, 1971, rules and regulations of the state
departments of health and rehabilitative services, environ-
mental regulation, and pollution control. (Ord. No. 0-78-6, §
5,9-11-78)
Sec. 27-19. Application.
(a) The application for a utilities franchise shall state:
(1) Name and address of the applicant; if applicant is a
corporation, names of officers and resident agent and
their addresses.
..
(2) Legal description of franchise area.
(3) Specify whether it is for a public water system, a public
sewerage system, or both; if in connection with another or
existing system, or an extension of an existing system, the
planned utility may not exceed the capacity of the other
system.
(4) State area served by utility; any water supply and/or dis-
tribution system having a total average daily demand in
excess of fifty thousand (50,000) gallons shall be designed
..
to provide fire fighting facilities, including distribution,
supply storage, and hydrants, as necessary to meet require-
ments of the National Board of Fire Underwriters, Class 8.
Any water supply and/or distribution system having a total
average daily demand of fifty thousand (50,000) gallons or
less shall be designed to provide distribution system capac-
ity, valves and hydrant connections sized and located to
provide capacity and pressure necessary to meet require-
ments of the National Board of Fire Underwriters, Class 8.
For daily demands of fifty thousand (50,000) gallons or less
.�
it is not necessary to provide fire flow water supply and
Supp. No. 7 1627
_ § 27-19 SEBASTIAN CODE
storage capacities and hydrants. Valves and connection
points for hydrants shall be installed at locations as re-
quired by the National Board of Fire Underwriters, Class
8 code and as required and/or approved by the city engi-
neer. It is not necessary to install hydrants but it is re-
quired that the developer and/or applicant submit a check
to the city in the total amount calculated by multiplying
the number of hydrants required by one thousand dollars
($1,000.00) each. The city shall deposit the funds in an
., interest bearing trust fund to be used for the future pur-
chase of the hydrants when fire flow and storage capacities
are available in the area. The hydrant check shall be sub-
mitted to the city prior to the issuance of any building
permits within the project.
(5) Attach location map showing the layout of lots,
location of all proposed treatment plants, and all
rights of ways and easements required for utility
purposes, and submit approval from the owners of all
r. necessary rights of ways or easements other than the
city; the location map must show all adjacent land
owners within three hundred (300) feet of the franchise
area, and their mailing addresses.
(6) Attach approval of planned utility by the Department of
Environmental Regulation, St. Johns River 'Vater Man-
.. agement District and all other agencies having jurisdiction.
(7) Submit financial statement or proof of available financing
or resources, as may be required by the city council.
(b) The application For a utilities franchise shall be filed with
the city clerk, and by her submitted to the city council for review.
(Ord. No. 0-78-6, § 5, 9-11-78; Ord. No. 0-83-9, § 1, 6.8-83)
Sec. 27-20. Qualifications and conditions.
(a) The city council shall be satisfied that the applicant
under this article is acting in good faith and has the means
to build, install and operate the proposed system. The city
council may require the applicant to file certified copies of
Supp. No. 7 1628
UTELXr S § 27-21
its corporate charter, including names of persons having a
financial interest in the proposed franchise, current
.. financial statement, proof of liability insurance coverage,
provide a credit check prepared by a certified credit bureau,
inventory of capital assets and such other data as may be
pertinent. If the city council is satisfied that the applicant
has sufficient resources to serve the district for which he has
made application, the council may also require the applicant
to post a reasonable bond satisfactory in form and sureties
to the cit council
y to guarantee compliance with any
conditions imposed by the city council. The city council
shall satisfy itself that the proposed system is sufficiently
large to serve the franchise area for which a utilities permit
is sought.
(b) The issuance of any franchise shall further be subject
to all conditions contained in Chapter 59-1380 Laws of
Florida, and all other applicable city, state, federal rules and
regulations, and approval by the Department of Environ-
mental Regulation, St. Johns River Water Management
District, and all other agencies having jurisdiction. (Ord.
No. 0-78-6, § 5, 9-11-78)
Sec. 27-21. Certification of planned construction.
When the requirements of this article are met, the
city council shall refer the matter to its city engineer to
certify that all planned construction complies with the city
specifications and all other state and federal regulations.
r, (Ord. No. 0-78-6, § 5, 9-11-78)
Supp. No. 7 1628.1
i U rr ES 27-23
Sec. 27-22. Hearing.
Upon certification by the city engineer, a public hearing
shall be held. Notice of such hearing shall be given by the
applicant and shall include the name of the applicant, the
legal description of the area to be embraced by the
franchise, the proposed rate and hookup charges, the period
for which the franchise is required and the time and place
of such hearing, and shall be published in a newspaper
regularly published in the county at least one time not less
than fifteen (15) days preceding such hearing. All property
owners lying within three hundred (300) feet of the franchise
area shall be notified by the applicant and certified proof of
such notice of hearing and notice to property owners shall
be filed with the city clerk by the applicant ten (10) days
prior to the date set for the public hearing. The applicant
shall deposit the sum of one hundred dollars ($100.00) with
the city clerk to cover expenses of advertising. (Ord. No.
0-78-6, § 5, 9-11-78)
M
M
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Sec. 27-23. Grant.
(a) Upon public hearing and a determination by the
OR
council that the granting of a franchise would be in the
public interest, the franchise shall be granted by a
resolution adopted by the city council, in a form prepared by
the applicant and approved by the city attorney, to be
effective as of the date of its adoption and shall continue in
force and effect for a period of time not to exceed thirty (30)
,.,
years or until such earlier time as the city shall elect to
install or acquire its own water treatment and distribution
system and/or its own sewerage collection and treatment
system, and supply the same to individual units. If the city
elects to install or acquire a water and/or sewer system in
an area where a franchise has been granted and the term of
said franchise is about to or has not expired, then the city
r'
shall notify the utility of its intent to acquire its system and
terminate or modify said franchise in accordance with
section 27-25.
(b) Within sixty (60) days of the date of the adoption of
theresolution granting a franchise, the franchise holder
Supp. No. 1
1629
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shall file with the clerk of the city its written' aces
^ the franchise, together with all of its terms and c
including the provisions of this chapter. Failure'j,
written acceptance within the time specified shall
cally repeal the resolution granting said franchise
franchise shall be null and void and without furl
and effect.
^ (c) The franchise holder shall supply the city engineer one •�:,�
accurate set of as -built drawings (on sepia) for each .'util ity,-
extension of modification thereof. (Ord. No. 0-
9-11-78; Ord. No. 0-80-24, § 4, 10-29-80)?rs".ast
Sec. 27-24. Construction. r.
Upon approval of the franchise by the city council, the
^ city building official shall issue a utility permit for the
actual construction of the utility. Construction shall be in.
compliance with all city building ordinances and A. rules,
.. and regulations of all other agencies having jurisdiction.
The applicant shall conduct all tests on each utility in
accordance with city specifications and view all sanitary
^ sewer lines by a television camera in the presence of the city
engineer or his representative. (Ord. No. 0-78-6, § 5,
9-11-78)
^ Sec. 27-25. Purchase of utility.
Within a reasonable time after the city has notified the
utility of its intent to terminate the franchise and to acquire
7.
the system, the franchise holder shall convey all of its
facilities together with all easements to the city. Said
conveyance by the utility shall be without encumbrance. At
F
.� this time the franchise holder shall convey unencumbered
`
all of its facilities together with all easements, to the city,
without charge as to all property contributed to the utility,
provided further, however, that the city shall have the right
44
^
to purchase the remaining assets of the utility based on the
average of the net original cost and a price as computed and
agreed upon by three (3) competent and qualified ap-
praisers. The city shall select an appraiser, the utility shall
select an appraiser, and these two appraisers shall mutually".
Supp. No. 1 1630
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LrrELr zs 4 2741
agree upon and select a third independent appraiser and
these three appraisers shall arrive at the value of the utility
and the sales price involved. However, the city shall not be
required to purchase and no value will be placed on
additions or extensions to the system which were paid for as
contributions -in -aid -of -construction by any person, firm or
corporation other than the utility. At the end of the
franchise period, the city shall not be required to pay to the
utility any amount for goodwill and the appraised value
shall be based entirely upon physical assets only, and
provided further that in the event said board of appraisers
cannot agree as to the price to be paid by the city, then the
city may file appropriate condemnation proceedings under
Florida law. Any franchise granted by the city shall include
the above requirement. (Ord. No. 0-80-24, § 5, 10-29-80)
Sec. 27-26. Violations.
Violation of this chapter and/or operating utility without
first obtaining a franchise from the city in compliance with
the chapter, shall constitute a violation of this Code, and
upon conviction shall be punishable as provided in section
1-10 of this Code. Each day that violation occurs shall be
considered a separate violation. (Ord. No. 0-80-24, § 6,
10-29-80)
Secs. 27-27-27-39. Reserved.
ARTICLE III. WATER AND SEWER HOOKUPS
Sec. 27-40. Prohibition—Sewage.
The use of individual sewage disposal systems and/or
septic tanks, grease traps and dry wells by any person in
the area where central sewage collection service is available
is hereby prohibited. (Ord. No. 0-80-18, § 1, 8-20-80)
Sec. 27-41. Same—Water.
The use of individual water systema, other than for
irrigation purposes, by any person in the area where water
Supp. N0. 9 1631
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APPENDIX B
FRANCHISES*
Art. I. General Development Utilities. Inc.—Water. §§ 1-21
Art. II. Florida Power & Light Company—Street Lighting, §§ 1-10
Art. III. Southern Bell Telephone and Telegraph Company, §§ 1-7
Art. IV. Cable TV Fund VIIIA, a Limited Partnership, Jones Inter-
cable, Inc., General Partner, §§ 1-25
Art. V. Rural Sanitation Service, Inc.. H 1-20
Art. VI. General Development Utilities, Inc.—Sewer, H 1-21
Art. VII. Florida Power & Light Company—Electric. §§ 1-12
Art. VIII. Harris Sanitation. Inc.. §§ 1-20
Art. IX. Lake Dolores Utilities and Cable Television Systems. Inc.—
Water and Sewer. §§ 101-131
Art. X. Sebastian Lakes Utilitv Company—Water and Sewer. §§ 101-
132
Art. XI, Indian River County—Water and Sewer, §§ 1-10
ARTICLE I. GENERAL DEVELOPMENT
UTILITIES. INC.—WATER i
ORDINANCE NO. 0-81.8
on AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA. GRANTING AN EXCLUSIVE
FRANCHISE TO GENERAL DEVELOPMENT UTILITIES.
on INC.. A FLORIDA CORPORATION. TO OPERATE AND MAIN-
TAIN A WATER DISTRIBUTION SYSTEM WITHIN A POR-
TION OF THE CITY OF SEBASTIAN. FLORIDA: SETTING
On FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING
THE GRANT OF FRANCHISE: PROVIDING FOR RATES
AND CHARGES. AND FOR SERVICE STANDARDS: PRO -
•Editor's note—Prmted heroin :w,• tiiv tranciu.... In the rIlk :,� niemam
adopted.
Cross references—Franchisee saved trom repeal. admtmstra Linn. Ch
2: streets. sidewalks and ather public place.. Ch. 23: to it itV rrnnchts.-. eeneraln
§ 27 1S et seq
tEditor's note—Printed herein t. a water Iranchtce adopted on Milk 11. 19,
by Ord. No. 0.818. Additions made fnr clarnc are enclosed by brackets
Formerly. Art. 1 derived from Ord. No. 203. adopted March 9. 1464. Ord. Nle
OR 203 was repealed hV § 19 of Ord. No. 0681
Cross reference—Sewer francnt<e. App. 6. Art. VI
Supp. No. 20 1903
A
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Art.I SEBASTIAN CODE
HIBITING THE USE OF INDIVIDUAL WATER SYSTEMS,
WITHIN THE FRANCHISE AREA; PROVIDING FOR WATER
CONNECTIONS AND PENALTIES FOR THE VIOLATION
OF SUCH PROVISIONS: AND REPEALING ORDINANCE
NOS. 175 AND 203 AND ANY ORDINANCES GRANTING A
WATER FRANCHISE WITHIN THE CITY OF SEBASTIAN,
FLORIDA TO GENERAL DEVELOPMENT CORPORATION,
A DELAWARE CORPORATION OR GENERAL DEVELOP-
MENT UTILITIES, INC., A FLORIDA CORPORATION.
BE IT ORDAINED by the City Council of the City of Sebastian,
Florida:
WHEREAS, the city council of the City of Sebastian, Florida,
may grant public water franchises to applicants therefor who
desire to operate public water systems within the limits of the
above mentioned city, and
WHEREAS, General Development Utilities, Inc., a Florida cor-
poration, hereinafter called the Company, has requested the city
council of the City of Sebastian, Florida, hereinafter called the
council, to grant unto it an exclusive franchise for a public water
system to be operated within the City of Sebastian, Florida.
WHEREAS, the council has agreed to grant unto the company
an exclusive franchise for a public water system within the City
of Sebastian,
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements of the parties hereto, hereinafter set
forth, and in further consideration of the mutual benefits and
advantages accruing to the said parties hereunder, the parties
hereto covenant and agree as follows:
Section 1. [Grant.]
There is herebv granted to the company for a period of thirty
(30) years from the date hereof. an exclusive franchise to con-
struct. operate and maintain a public water system within Units
1 through 17 of Sebastian Highlands Subdivision, an area located
within a portion of the City of Sebastian. Florida, more specifi
calls described in Exhibit "A•' attached hereto and made a
part
Supp. No. 20 1904
A
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APPENDIX B—FRANCHISES Art. I, § 2
hereof [by reference], and in connection therewith, to construct,
maintain, and repair water lines, conduits, hydrants, service pipes,
pumping stations, and any and all other things necessary for the
purpose of conducting and distributing water in such areas; to
make housing and building connections upon, along, in and under
.� the roads, streets, alleys, easements and any other public places
in said areas; to repair, replace, enlarge or extend the same, and
to carry on the business of furnishing water in said area for a
consideration, subject to such rules and regulations as the said
council may adopt and impose, and further subject to the condi-
tions of this franchise.
The city shall have the right to inspect all construction or
installation work performed to ensure compliance with all gov-
erning regulations. All the facilities of the utility shall be con-
structed in accordance with plans and specifications approved by
the city engineer and the Florida Department of Environmental
Regulation. The quantity and quality of water delivered and sold
shall at all times be and remain not inferior to the quality stand-
ards for public water supply, and other rules, regulations, and
standards now in force or hereafter adopted by the Florida De-
partment of Environmental Regulation.
The city engineers shall make inspection during construction
of the facilities. The utility shall pay to the city such reasonable
permit fees as set forth in the fee schedule established by resolu-
tion hereinafter by the council.
Upon completion of a portion of the system, a detailed and
accurate set of record drawings showing location, sizes. and types
of water mains, fittings, fire hydrants, and other pertinent in-
formation shall be furnished to the city on reproducible mylars.
(Ord. No. 0-81-8B, §§ 1-3,1-11-84; Ord. No. 0-81-8(d), § 1, 3-13-85)
Editor's note—Ord. No. 0-81-8(d), § 1, adopted March 13. 1985, amended the
property descnption which has been adopted by reference.
Section 2. [Excavations.]
For the purpose of carrying into effect the privileges and pur-
poses granted by this franchise, the owner of said franchise is
hereby authorized to make all necessary excavation in said roads,
Supp. No. 12 1905
Art. 1, § 2 SEBASTIAN CODE
streets, alleyways and public grounds situated in the area afore -
described. That the facilities shall be so located or relocated and
so erected as to interfere as little as possible with traffic over said
streets, alleys bridges and public places, and with reasonable
egress from and ingress to abutting property. The location or
relocation of all facilities shall be made in compliance with such
rules and regulations as are now or hereafter may be imposed by
the council, but not so unreasonably as to interfere with the
proper operation of company's facilities and services. That when
any portion of a street is excavated by company in the location or
relocation of any of its facilities, the portion of the street so
excavated shall, within a reasonable time and as early as practi-
cable after such excavation, be replaced by company at its ex-
pense and in as good condition as it was at the time of such
excavation.
Section 3. Rates; procedure for fixing and changing.
(1) Except as provided in subsection (4), rates and charges
being charged and collected by a utility shall be changed only by
approval of the council. The council shall, either upon request or
upon its own motion, fix rates which are just, reasonable, com-
pensatory, and not unfairly discriminatory.
(2) The company and its successors and assigns shall at all
times be limited in its charges for services furnished in accord-
ance with its franchise to a schedule of charges which shall be
presented to and approved by said council. The initial water rates
and other charges described in Schedule "1" attached hereto and
made a part hereof (by reference) shall be the rates in effect
pursuant to this grant until modified or changed by the parties.*
The company may, if it deems it necessary to amend or
change said schedule of charges, give the council notice in writ-
ing of same. Within sixty (60) days after notice. as aforesaid, the
council shall authorize and hold a public hearing and within
thirty (30) days after such public hearing, if the council shall
*Editor's note—Schedule 1 has been amended by Ord. No. 0.81.8A, § 1, en.
acted July 12. 1982, which was subsequently amended by Ord. No. 0.81 -SC, § 1,
enacted Nov. 12. 1986. In addition, plant capacity, line extension and meter
connection fees were amended by Ord. No. 0.83.17, adopted Nov. 16.1983; subse.
quently amended by Ord. No. 0-81-8C. §§ 2 and 3.
Supp. No. 12
1906
•
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APPENDIX B—FRANCHISES Art. [, § 3
decline to act, then the company may forthwith put into effect
such amendment or change of schedule. It is understood and
agreed that if the company should raise charges as hereinabove
stated, the company shall provide
Supp. No. 12
1906.1
W It APPENDIX B—FRANCHISES Art I, § 3
the council with a corporate performance bond or guarantee
for a period of ninety (90) days. In the event the council
should deny the raise at any time during this ninety -day
period, the company shall refund to its customers the monies
.. collected by virtue of the raise. However, upon the expiration
of the said ninety -day period, if no action is taken by the
council theretofore, the monies shall become the funds of the
,. company and there shall be no further obligation on the part
of the company, the corporate bond or guarantee shall no
longer be in force, and shall be released and the increase in
.. charges shall continue the same as if the request of the com-
pany had been granted.
The council shall, either upon request or upon its own
motion, fix rates which are just, reasonable, compensatory,
and not unfairly discriminatory. In all such proceedings, the
council shall consider the value and quality of the service
and the cost of providing the service, which shall include,
but not be limited to, debt interest, the utility's requirements
for working capital, maintenance, depreciation, tax, and oper-
ating expenses incurred in the operation of all property used
and useful in the public service and a fair return on the
utility's investment in property used and useful in the public
service. However, the council shall not allow the inclusion
..
of contributions -in -aid -of -construction in the rate base of any
utility during a rate proceeding, and accumulated depreciation
on such contributions -in -aid -of -construction shall not be used
to reduce the rate base, nor shall depreciation on such con-
tributed assets be considered a cost of providing utility serv-
ice. Contributions -in -aid -of -construction shall include any
amount or item of money, services, or property received by
a utility, from any person or governmental agency, any por-
tion of which is provided at no cost to the utility and which
represents a donation or contribution to the capital of the
utility and which is utilized to offset the acquisition, improve-
ment, or construction costs of the utility's property, facilities,
or equipment used to provide utility services to the public.
The council shall also consider the utility's investment in
property required by duly authorized governmental authority
Supp. No. 2
MW
1907
". Arkl,§s SEBASTIAN CODE
to be constructed in the public interest within a reasonable
,. time in the future, not to exceed twenty-four (24) months.
(3) The council, in fixing rates, may determine the pru-
dent cost of providing service during the period of time the
. rates will be in effect following the entry of a final order
relating to the utility's rate request and may use such costs
to determine the revenue requirements that will allow the
utility to earn a fair rate of return on its rate base.
(4) (a) The approved rates of any utility which receives
all or any portion of its utility service from a
,.
governmental agency or from a water utility regu-
lated by the council and which redistributes that
service to its utility customers shall be automati-
cally increased or decreased without hearing, upon
verified notice to the council thirty (30) days prior
to its implementation of the increase or decrease
that the rates charged by the governmental agency
or other utility have changed. The approved rates
of any utility which is subject to an increase or
decrease in the rates that it is charged for electri-
cal power or the amount of ad valorem taxes as-
sessed against its property shall be increased or
decreased by the utility, without action by the
council upon verified notice to the council thirty
(30) days prior to its implementation of the in-
crease or decrease that the rates charged by the
supplier of the electric power or the taxes imposed
by the governmental body have changed. The new
rates authorized shall reflect the amount of the
change of the ad valorem taxes or rates imposed
upon the utility by the governmental agency, other
utility, or supplier of electric power. Provisions of
this subsection shall not prevent a utility from
seeking changes in rates pursuant to the provi-
sions of subsection (2).
(b) Before implementing a change in rates under this
..
subsection the utility shall file an affirmation
under oath as to the accuracy of the figures and
Supp. No. 2
1808
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^
APPENDI K B—FRANCHISES Art. I, § 6
calculations upon which the change in rates is
based and that the change will not cause the utility
to exceed the range of its last authorized rate of v
return. Whoever makes a false statement in the
^ affirmation required hereunder which he does not
believe to be true in regard to any material matter
shall be guilty of a felony of the third degree, pun-
ishable as provided in Section 775.082, Section 775.-
083,
76:083, or Section 775.084, Florida Statutes.
^ (c) If, within twenty-four (24) months of an adjust-
ment in the rates as authorized by this subsection,
the council shall find that a utility did thereby
exceed the range of its last authorized rate of
^ return, it may order the utility to refund the dif-
ference to the rate payers. This provision shall
not be construed to require a corporate perform-
ance bond not otherwise required.
(d) Notwithstanding anything herein to the contrary,
no utility may adjust its rates herein to the con-
trary, no utility may adjust its rates under this
subsection more than two times in any twelve-
month period.
[Section 4. Reserved.]
^
Section 5. [Taxes.]
Any tax or charge imposed by any governmental authority
on the company which is a tax imposed solely because the
,. company is a utility, as distinguished from other individuals,
corporation or business in general, may be apportioned among
the consumers as a direct tax upon the consumers without
resort to the council for permission to increase the company's
rates.
Section 6. [Compliance with rules and regulations.]
^ The company hereby specifically agrees, that in the con-
struction and operation of the franchised public water system
Supp. No. 2
^' 1909
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Art. I, § 6 SEBASTIAN CODE
it will, at all times, comply with such reasonable rules and
regulations as may be imposed by the said council, and that
the design of the public water system shall be approved by
appropriate authorities.
Section 7. [Quality of service.]
Reasonably sufficient, adequate and efficient service shall
be furnished by the company engaged on the effective date
of this ordinance in the construction or operation of a water
.. system to every person applying for service within the fran-
chise limits served by such system; provided, however, that
if the furnishing of service by the company in compliance with
any application for service would require the extension of or
addition to its existing facilities, the company, as a precedent
to furnishing service, may require of the applicant reasonable
sums for service availability or reasonable deposits guaran-
teeing compensatory revenues from the territory to be served
or reasonable contributions in aid of construction to help de-
fraud the cost of facilities which will be used and useful in
furnishing service, or any combination thereof, or reasonable
construction or other advances evidenced by refundable or non-
refundable agreements. Failing to receive said sums, the utility
shall not be obligated to extend service.
_ Section 8. [Company rules and regulations.]
The company shall publish rules and regulations governing
the sale and furnishing of its services to customers, which
said rules and regulations shall contain provisions governing
the termination of its services. Said rules and regulations
may be amended by the company at any time, but such amend-
ments shall also be subject to the approval of the said council
prior to implementation. The initial rules and regulations de-
scribed in Schedule "2" attached hereto and made a part
hereof [by reference] shall be the rules and regulations in
effect pursuant to this grant until modified or changed by the
parties.
Supp. No. 2
1910
APPENDIX B—FRANCHISES Art. I, § 11
Section 9. Individual water system prohibited; water con-
nections required; penalty.
.. The use of individual water systems other than for irriga-
tion purposes, by any person in the area where water distri-
bution service is available from the company, is hereby pro-
hibited. All persons owning improved property where a water
line is available for water distribution service shall connect the
improvements upon such premises within sixty' (60) days of
�. notification by the utility that such a system is available.
The utility shall at all times inform the city of extensions
which will provide service to new customers not previously
served. Any person convicted of violating this section shall
be punished by a fine of up to five hundred dollars ($500.00),
or by imprisonment up to ninety (90) days, or by both such
fine and imprisonment. Each day such condition exists shall
be considered a separate violation.
Section 10. Additional ordinances.
The city council of the City of Sebastian agrees to pass
all ordinances necessary or suitable both for the reasonable
protection of the rights and property of the company and to
enable the company to enforce any of its reasonable rules
and regulations for the management, operation and control of
the services to be rendered by the company hereunder and
+� to pass any reasonable ordinance or ordinances that will be
necessary or suitable in order to fully confirm to the company
the rights herein or hereby granted or intended so to be.
Section 11. Transfer of rights.
The company shall not, at any time, transfer its rights in any
of its public water system property, or its franchise herein grant-
ed, to any person, firm or corporation, without the consent of the
majority of said council. It is, however, expressly understood and
agreed that in the event the company should desire to transfer its
rights and franchise as aforesaid to a transferee that is qualified
to operate under said franchise then the council, unless it exer-
cises its right of first refusal in accordance with section 16 hereof,
shall not withhold its consent unreasonably and the showing of
Supp. Na s 1911
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^ Art I, § 11 SEBASTIAN CODE
qualifications shall be conclusive evidence of the right of the
company to secure and consent of transfer. (Ord. No. 0-81-8B, § 4,
1-11-84)
Section 12. [Indemnification by company.]
The company shall, at all times, protect and save the City
of Sebastian harmless from all damage and loss, including
reasonable attorney's fees and court costs, arising from, out
^+ of, or by reason of the construction, operation or maintenance
of its said public water system.
Section 13. [Assumption of control by Florida Public Service
Commission.]
It is specifically agreed that in the event the Florida Public
., Service Commission should, at any time in the future, assume
control over franchised public water and the rates for serv-
ices therefor, the company shall submit to the authority of
^ the said Florida Public Service Commission and the said coun-
cil shall relinquish its control over said franchised public
water system to the extent, that the same is assumed by, or
vested in, the Florida Public Service Commission.
Section 14. [Rights, liabilities, etc., binding on parties.]
This franchise and all the rights, privileges, obligations and
^ liabilities hereunder shall be binding on the said council and
the said company, and their successors and assigns.
Section 15. [Consideration.]
That within thirty (30) days after the first anniversary
date of this franchise and within thirty (30) days after each
succeeding anniversary date of this franchise the company,
its successors and assigns, shall pay to the city and its suc-
cessors, an amount which added to the amount of all city
taxes, licenses and other impositions levied or imposed upon
the company's property, business or operations for the pre-
ceding tax year will equal six (6) per cent of company reve-
nues from the sale of water service to residential and com-
Supp. Na 8 1912
01 APPENDIX B—FRANCHISES Art. I, § 16
mercial customers within the corporate limits of the grantor,
but excluding contributions -in -aid -of -construction and con-
nection charges for the twelve fiscal months preceding the
applicable anniversary date. Any franchise fee to be collected
shall be shown as a separate item on the company's bills to
its customers.
M Section 16. [Conveyance of system.]
Within a reasonable time, which time shall not exceed
one hundred eighty (180) days, after the city has notified
.. the utility of its intent to terminate the franchise and to
acquire the system, the franchise holder shall convey all of
its facilities together with all easements to the City of Se-
bastian. The time for conveyance of the system may be ex-
tended by action of the city council should the utility demon-
strate to the satisfaction of the city council that it has ex -
MR perienced a delay in its ability to convey the system which
delay was unintentional and beyond its control. Said conveyance
by the utility shall be without encumbrance. At this time the
franchise holder shall convey unencumbered all of its facili-
ties together with all easements, to the City of Sebastian,
without charge as to all property contributed to the utility;
provided further, however, that the city shall have the right
to purchase the remaining assets of the utility based on the
average of the net original cost and a price as computed and
agreed upon by three (3) competent and qualified appraisers.
The city shall select an appraiser, the utility shall select an
appraiser, and these two (2) appraisers shall mutually agree
upon and select a third independent appraiser and these three
(3) appraisers shall arrive at the value of the utility and the
sales price involved. However, the city shall not be required
to purchase and no value will be placed on additions or exten-
sions to the system which were paid for as contributions -in -
aid -of -construction by any person, firm or corporation other
than the utility. At the end of the franchise period, the city
shall not be required to pay to the utility any amount for
goodwill and the appraised value shall be based entirely upon
physical assets only, and provided further that in the event
Supp. No. 2
1913
Art I, § 16 SEBASTIAN CODE
.+ said board of appraisers cannot agree as to the price to be
paid by the city, then the city may file appropriate condem-
nation proceedings under Florida law. Prior to the utility
conveying the system to the city, a detailed and accurate
set of record drawings showing location, sizes, and types
of water mains, fittings, fire hydrants, services, and other
pertinent information shall be furnished to the city on repro-
ducible mylars. Any franchise granted by the city shall in-
clude the above requirement.
Section 17. [Fire hydrants.]
In any area to be served by the utility, the water distri-
bution system must be designed to provide fire fighting fa-
cilities and hydrants as necessary to meet requirements of
the National Board of Fire Underwriters, Class 8, except
that no lot in a single-family residential area shall be more
�. than five hundred (500) feet from the nearest hydrant as
measured along the public right of way. Within ninety (90)
days following final completion of each particular section
.� of water distribution systems as approved by the State of
Florida Department of Environmental Regulation an updated
map showing all of the fire hydrants and their rated fire
flow shall be submitted to the city and the Sebastian Volun-
teer Fire Department. Failure to provide such a map at the
end of the ninety -day time period may result in a fine
of fifty dollars ($50.00) per day to the utility if so ordered
by the city council until such time as the map is submitted.
Section 18. [Forfeiture of grant.]
The failure on the part of company to comply in any sub-
stantial respect with any of the provisions of this ordinance
shall be grounds for forfeiture of this grant but no such
forfeiture shall take effect if the reasonableness or propriety
thereof is protested by company until a court of competent
jurisdiction, with a right of appeal in either party, shall have
,. found that company has failed to comply in a substantial re-
spect with any provisions of this franchise and the company
shall have six (6) months after the final determination of
Supp. No. 2
1914
APPENDIX B—FRANCHISES Art. II
the question to make good the defaults before a forfeiture
shall result with the right in council, at its discretion, to grant
such additional time to company for compliance as necessities
in the case required.
..
Section 19. [Repealer.]
Ordinances 175 and 203 are hereby specifically repealed in
their entirety. Any and all ordinances granting General De-
velopment Utilities, Inc., or General Development Corporation
a water franchise are hereby repealed in their entirety.
Section 20. Severability clause.
..
It is declared hereby to be the intent of the council that,
if any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of the ordinance shall
,.,
not be affected.
Section 21. Effective date.
The provisions of this ordinance shall become effective ten
(10) days after the date of its enactment, subject to the
utility's acceptance of this franchise in writing.
ARTICLE II. FLORIDA POWER & LIGHT
COMPANY—STREET LIGHTING*
STREET LIGHTING FRANCHISE
MUNICIPAL STREET LIGHTING AGREEMENT
TIES AGREEMENT made this 12th day of July, 1951, by
and between the City of Sebastian, Florida, a municipal cor-
poration organized and existing under the laws of the State
of Florida, and its successors (hereafter called Consumer),
and FLORIDA POWER & LIGHT COMPANY, a corporation
organized and existing under the laws of the State of Florida,
its successors and/or assigns (hereafter called Company).
*Editor's note—Printed herein is the street lighting franchise agree-
ment of July 12, 1951. Additions made for clarity are enclosed by
+�
brackets.
Cross reference—Electric franchise. App. B, Art VII.
Supp. No. 4 1915
aw
APPENDIX B—FRANCHISES Art. VI
ARTICLE VI. GENERAL DEVELOPMENT
UTILITIES, INC.—SEWER;
ORDINANCE NO. 0-81-9
BE IT ORDAINED by the City Council of the City of Se-
bastian, Florida:
WHEREAS, the city council of the City of Sebastian, Flor-
ida, may grant public sanitary sewerage franchises to appli-
cants therefor who desire to operate public sanitary sewerage
systems within the limits of the above mentioned city, and
WHEREAS, General Development Utilities, Inc., a Florida
corporation, hereinafter called the company, has requested
-Editor's notePrintedherein is a sewer franchise, Ord. No. 0-81-9,
adopted May 11, 1981. Additions made for clarity are enclosed by
brackets.
Cross reference—Water franchise, App. B, Art. I.
Supp. No. 8 1949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, GRANTING AN EXCLU-
SIVE FRANCHISE TO GENERAL DEVELOPMENT
UTILITIES, INC., A FLORIDA CORPORATION, TO OPER-
ATE AND MAINTAIN A SEWAGE COLLECTION AND
DISPOSAL SYSTEM WITHIN A PORTION OF THE CITY
OF SEBASTIAN, FLORIDA; SETTING FORTH CONDI-
TIONS AND PRIVILEGES ACCOMPANYING THE
GRANT OF FRANCHISE; PROVIDING FOR RATES AND
CHARGES, AND FOR SERVICE STANDARDS; PRO-
HIBITING THE USE OF INDIVIDUAL SEWAGE DIS-
POSAL SYSTEMS AND/OR SEPTIC TANKS W1TIIIN
THE FRANCHISE AREA; PROVIDING FOR SEWER
CONNECTIONS AND PENALTIES FOR THE VIOLATION
OF SUCH PROVISIONS; AND REPEALING ORDINANCE
NOS. 175 AND 203 AND ANY ORDINANCES GRANTING
A SEWER FRANCHISE WITHIN THE CITY OF SE-
BASTIAN, FLORIDA, TO GENERAL DEVELOPMENT
CORPORATION, A DELAWARE CORPORATION OR
GENERAL DEVELOPMENT UTILITIES, INC., A FLOR-
IDA CORPORATION.
BE IT ORDAINED by the City Council of the City of Se-
bastian, Florida:
WHEREAS, the city council of the City of Sebastian, Flor-
ida, may grant public sanitary sewerage franchises to appli-
cants therefor who desire to operate public sanitary sewerage
systems within the limits of the above mentioned city, and
WHEREAS, General Development Utilities, Inc., a Florida
corporation, hereinafter called the company, has requested
-Editor's notePrintedherein is a sewer franchise, Ord. No. 0-81-9,
adopted May 11, 1981. Additions made for clarity are enclosed by
brackets.
Cross reference—Water franchise, App. B, Art. I.
Supp. No. 8 1949
.� Art. VI SEBASTIAN CODE
the city council of the City of Sebastian, Florida, hereinafter
called the council, to grant unto it an exclusive franchise for
a public sanitary sewerage system to be operated within the
City of Sebastian, Florida,
WHEREAS, the council has agreed to grant unto the com-
pany an -exclusive franchise for a public sanitary sewer system
within the City of Sebastian,
NOW, THEREFORE, for and in consideration of the
mutual covenants and agreements of the parties hereto, here-
inafter set forth, and in further consideration of the mutual
benefits and advantages accruing to the said parties here-
under, the parties hereto covenant and agree as follows:
Section 1. [Grant.]
There is hereby granted to the company for a period of
thirty (30) years from the date hereof, an exclusive fran-
chise to construct, operate and maintain a public sewer sys-
tem within Units 7, 9, 14, 15, 16, and 17 of Sebastian Highlands
Subdivision, an area located within a portion of the City of Se-
bastian, Florida, more specifically described in Exhibit "A" at-
tached hereto and made a part hereof [by reference], and in
connection therewith, to construct, maintain, and repair sewer
lines, conduits, manholes, service pipes, pumping stations, dis-
posal systems, and any and all other things necessary for the
purpose of conducting and disposal of sewage in such areas; to
make housing and building connections upon, along, in and under
the roads, streets, alleys, easements and any other public places
in said areas; to repair, replace, enlarge or extend the same, and
to carry on the business of providing sewage collection and dis-
posal in said area for a consideration, subject to such rules and
regulations as the said commission may adopt and impose, and
further subject to the conditions of this franchise.
.. The city shall have the right to inspect all construction or
installation work performed to ensure compliance with all
governing regulations. All the facilities of the utility shall be
40
Supp. No. 8 1950
OR
APPENDIX B—FRANCHISES Art. VI. § 2
constructed in accordance with plans and specifications approved
by the city engineer and the Florida Department of Environmen-
tal Regulation. The manner of collection and disposal of sewage
and of treated sewage effluent shall at all times be and remain
not inferior to the rules, regulations, and standards now in force
or hereafter adopted by the Florida Department of Environmen-
tal Regulation.
The city engineers shall make inspection during construction
.. of the facilities. The utility shall pay to the city such reasonable
permit fees as set forth in the fee schedule established by resolu-
tion hereinafter by the council.
Upon completion of a portion of the system a detailed and
accurate set of record drawings showing location, sizes, and types
of sewer mains, fittings, laterals, and other pertinent informa-
tion shall be furnished to the city on reproducible mylars. (Ord.
No. 0-81-9B, §§ 1-3, 1-11-84)
M Section 2. [Excavations.]
For the purpose of carrying into effect the privileges and pur-
poses granted by this franchise, the owner of said franchise is
hereby authorized to make all necessary excavation in said roads,
streets, alleyways and public grounds situated in the area afore -
described. That the facilities shall be so located or relocated and
.� so erected as to interfere as little as possible with traffic over said
streets, alleys bridges and public places, and with reasonable
egress from and ingress to abutting property. The location or
�.
relocation of all facilities shall be made in compliance with such
rules and regulations as are now or hereafter may be imposed by
the council. but not so unreasonably as to interfere with the
proper operation of company's facilities and services. That when
any portion of a street is excavated by company in the location or
relocation of any of its facilities, the portion of the street so
excavated shall, within a reasonable time and as early as practi-
cable after such excavation. be replaced by company at its ex-
pense and in as good condition as it was at the time of such
excavation.
Supp. No. 12 1951
_ Art. VI, § 9 SEBASTIAN CODE
Section 3. Rates; procedure for fixing and changing.
(1) Rates and charges being charged and collected by a utility
shall be changed only by approval of the council. The council
shall, either upon request or upon its own motion, fix rates which
are just, reasonable, compensatory, and not unfairly discriminatory.
(2) The company and its successors and assigns shall at all
times be limited in its charges for services furnished in accord -
Pa ance with its franchise to a schedule of charges which shall be
resented to and approved pproved by said council. The initial water rates
and other charges described in Schedule " 1" attached hereto and
made a part hereof (by reference] shall be the rates in effect
�+ pursuant to this grant until modified or changed by the parties.*
The company may, if it deems it necessary to amend or
change said schedule of charges, give the council notice in writ-
ing of same. Within sixty (60) days after notice as aforesaid, the
council shall authorize and hold a public hearing and within
thirty (30) days after such public hearing, if the council shall
i.
decline to act, then the company may forthwith put into effect
such amendment or change of schedule. It is understood and
agreed that if the company should raise charges as hereinabove
stated, the company shall provide the council with a corporate
performance bond or
p guarantee for a period of ninety (90) days. In
the event the council should deny the raise at any time during
this ninety -day period, the company shall refund to its customers
the monies collected by virtue of the raise. However, upon the
expiration of the said ninety -day period, if no action is taken by
the council theretofore, the monies shall become the funds of the
.�
company and there shall be no further obligation on the part of
the company, the corporate bond or guarantee shall no longer be
in force, and shall be released and the increase in charges shall
continue the same as if the request of the company had been
granted.
The council shall, either upon request or upon its own mo-
tion. fix rates which are just, reasonable, compensatory,
-Editors note—Schedule 1 has been amended by Ord. No. 0-81-9A. § 1, en-
acted July 12. 1982. which was subsequentiv amended by Ord. No. 0-81-9C. § 1.
enacted Nov. 12. 1986. In addition, plant caoanty and line extension tees were
amended by Ord. No. U-83-17. adopted Nov. 16, 1983: subsequently amended by
Ord. No. 0.81.9C. §§ 2 and 3.
Supp. No. 12 1952
A
M
M
M
go
M
M
M
APPENDIX B—FRANCHISES Art. VI, § 3
and not unfairly discriminatory. In all such proceedings, the
council shall consider the value and quality of the service
and the cost of providing the service, which shall include,
but not be limited to, debt interest, the utility's requirements
for worldng capital, maintenance, depreciation, tax, and oper-
ating expenses incurred in the operation of all property used
and useful in the public service, and a fair return on the
utility's investment in property used and useful in the public
service. However, the council shall not allow the inclusion of
contributions -in -aid -of -construction in the rate base of any
utility during a rate proceeding, and accumulated depreciation
on such contributions -in -aid -of -construction shall not be used
to reduce the rate base, nor shall depreciation on such con-
tributed assets be considered a cost of providing utility
service. Contributions -in -aid -of -construction shall include any
amount or item of money, services, or property received by
a utility, from any person or governmental agency, any
portion of which is provided at no cost to the utility and
which represents a donation or contribution to the capital
of the utility and which is utilized to offset the acquisition,
improvement, or construction costs of the utility's property,
facilities, or equipment used to provide utility services to
the public. The council shall also consider the utility's in-
vestment in property required by duly authorized govern-
mental authority to be constructed in the public interest
within a reasonable time in the future, not to exceed twenty-
four (24) months.
(3) The council, in fixing rates, may determine the pru-
dent cost of providing service during the period of time the
rates will be in effect following the entry of a final order
relating to the utility's rate request and may use such costs
to determine the revenue requirements that will allow the
utility to earn a fair rate of return on its rate base.
(4) (a) The approved rates of any utility which receives
all or any portion of its utility service from a gov-
ernmental agency or from a sewer utility regulated
ON by the council and which redistributes that service
to its utility customers shall be automatically in -
Supp. No. 2 .
�. 1953
M
Art. VI, § 3 SEBASTIAN CODE
..
creased or decreased without hearing, upon veri-
fied notice to the council thirty (30) days prior
to its implementation of the increase or decrease
that the rates charged by the governmental agency
^
or other utility have changed. The approved rates
of any utility which is subject to an increase or
decrease in the rates that it is charged for electrical
power or the amount of ad valorem taxes assessed
against its property shall be increased or de-
creased by the utility, without action by the council
^
upon verified notice to the council thirty (30) days
prior to its implementation of the increase or
decrease that the rates charged by the supplier
of the electric power or the taxes imposed by the
^
governmental body have changed. The new rates
authorized shall reflect the amount of the change
of the ad valorem taxes or rates imposed upon
^
the utility by the governmental agency, other util-
ity, or supplier of electric power. Provisions of this
subsection shall not prevent a utility from seeking
^
changes in rates pursuant to the provisions of sub-
section (2).
^ (b) Before implementing a change in rates under this
subsection the utility shall file an affirmation un-
der oath as to the accuracy of the figures and cal-
culations upon which the change in rates is based
^ and that the change will not cause the utility to
exceed the range of its last authorized rate of
return. Whoever makes a false statement in the
^ affirmation required hereunder which he does not
believe to be true in regard to any material shall
be guilty of a felony of the third degree, punish-
able as provided in Section 775.082, Section 775.083,
or Section 775.084, Florida Statutes.
(c) If, within twenty-four (24) months of an adjust-
ment in the rates as authorized by this subsection,
the council shall find that a utility did thereby
exceed the range of its last authorized rate of
Supp. No. 2
1954
^
^
M
M
APPENDIX B—FRANCHISES Art. VI, § 7
return, it may order the utility to refund the dif-
ference to the rate payers. This provision shall
not be construed to require a corporate perform-
ance bond not otherwise required.
(c) Notwithstanding anything herein to the contrary,
no utility may adjust its rates under this subsec-
tion more than two (2) times in any twelve-month
period.
[Section 4. Reserved.]
Section 5. [Taxes.]
Any tax or charge imposed by any governmental authority
on the company which is a tax imposed solely because the
company is a utility, as distinguished from other individuals,
corporation or business in general, may be apportioned among
the consumers as a direct tax upon the consumers without
resort to the council for permission to increase the company's
rates.
Section 6. [Compliance with rules and regulations.]
The company hereby specifically agrees, that in the con-
struction and operation of the franchised public sewage sys-
tem, it will, at all times, comply with such reasonable rules
and regulations as may be imposed by the said council, and
that the design of the public sewage system shall be approved
by appropriate authorities.
Section 7. [Quality of service.]
Reasonably sufficient, adequate and efficient service shall
be furnished by the company engaged on the effective date
of this ordinance in the construction or operation of a sewer
system to every person applying for service within the fran-
chise limits served by such system; provided, however, that
if the furnishing of service by the company in compliance
with any application for service would require the extension
of or addition to its existing facilities, the company, as a
Supp. No. 2
as 1955
so
M
^ ArL VI, § 7 SEBASTIAN CODE
precedent to furnishing service, may require of the applicant
reasonable sums for service availability or reasonable deposits
guaranteeing compensatory revenues from the territory to
be served or reasonable contributions in aid of construction
to help defray the cost of facilities which will be used and
useful in furnishing service, or any combination thereof, or
reasonable construction or other advances evidenced by re-
fundable or nonrefundable agreements. Failing to receive said
sums, the utility shall not be obligated to extend service.
^ Section S. [Company rules and regulations.]
The company shall publish rules and regulations governing
the sale and furnishing of its services to customers, which
^ said rules and regulations shall contain provisions governing
the termination of its services. Said rules and regulations may
be amended by the company at any time, but such amend-
ments shall also be subject to the approval of the said council
prior to implementation. The initial rules and regulations
described in Schedule "2" attached hereto and made a part
r. hereof [by reference] shall be the rules and regulations in
effect pursuant to this grant until modified or changed by
the parties.
Section 9. Individual sewage disposal systems prohibited;
sewer connection required; penalty.
The use of individual sewage disposal systems and/or
septic tanks, grease traps and dry wells by any person in
the area where central sewer collection service is available
^ is hereby prohibited. All persons owning improved property
where a sewer line is available for sewer collection service
shall connect the improvements upon such premises within
sixty (60) days of the notification by the utility that such a
system is available. Any person convicted of violating this
section shall be punished by a fine of up to five hundred
dollars ($500.00), or by imprisonment, up to ninety (90)
days, or by both such fine and imprisonment. Each day such
condition exists shall be considered a separate violation.
Supp. No. 2
1956
APPENDIX B ---FRANCHISES Art. VI. § 13
Section 13. [Assumption of control by Florida Public Service
Commission.]
It is specifically agreed that in the event the Florida Public
Service Commission should, at any time in the future, assume
control over franchised public sewage systema and the rates
for services therefor, the company shall submit to the au -
Supp. Na 8 1967
Section 10. Additional ordinances.
The city council of the City of Sebastian agrees to pass all
ordinances necessary or suitable both for the reasonable pro-
tection of the rights and property of the company and to
.,
enable the company to enforce any of its reasonable rules
and regulations for the management, operation and control
of the services to be rendered by the company hereunder
and to pass any reasonable ordinance or ordinances that will
be necessary or suitable in order to fully confirm to the com-
pany the rights herein or hereby granted or intended so to be.
Section 11. Transfer of rights.
The company shall not, at any time, transfer its rights in
any of its public sewer system property, or its franchise
herein granted, to any person, firm or corporation, without
the consent of the majority of said council. It is, however,
expressly understood and agreed that in the event the com-
pany should desire to transfer its rights and franchise as
aforesaid to a transferee that is qualified to operate under
said franchise then the council, unless it exercises its right of
fust refusal in accordance with section 16 hereof, shall not with-
hold its consent unreasonably and the showing of qualifications
shall be conclusive evidence of the right of the company to secure
and consent of transfer. (Ord. No. 0-81-913, § 4. 1-11-84)
_
Section 12. [Indemnification by company.]
The company shall, at all times, protect and save the City
of Sebastian harmless from all damage and loss, including
reasonable attorney's fees and court costs, arising from, out
of, or by reason of the construction, operation or maintenance
of its said public sewage system.
Section 13. [Assumption of control by Florida Public Service
Commission.]
It is specifically agreed that in the event the Florida Public
Service Commission should, at any time in the future, assume
control over franchised public sewage systema and the rates
for services therefor, the company shall submit to the au -
Supp. Na 8 1967
Section 16. [Conveyance of system.]
Within a reasonable time, which time shall not exceed one
hundred eighty (180) days, after the city has notified the
utility of its intent to terminate the franchise and to acquire
the system, the franchise holder shall convey all of its facili-
ties together with all easements to the City of Sebastian. The
time for conveyance of the system may be extended by action
of the city council should the utility demonstrate to the
., satisfaction of the city council that it has experienced a delay
Supp. No. 8 1958
M
Art. VI, 113 3EBASTfAN CODE
thority of the said Florida Public Service Commission and
the said council shall relinquish its control over said fran-
..
chised public sewage system to the extent, that the same is
assumed by, or vested in, the Florida Public Service Com-
mission.
Section 14. [Rights, liabilities, etc., binding on parties.]
This franchise and all the rights, privileges, obligations and
..
liabilities hereunder shall be binding on the said council and
the said company, and their successors and assigns.
Section 15. [Consideration.]
That within thirty (30) days after the first anniversary
date of this franchise and within thirty (30) days after each
succeeding anniversary date of this franchise, the company,
its successors and assigns, shall pay to the city and its suc-
cessors, an amount which added to the amount of all city
taxes, licenses and other impositions levied or imposed upon
the company's property, business or operations for the pre-
ceding tax year will equal six (6) per cent of company reve-
from the sale of sewage service to residential and com-
nues
mercial customers within the corporate limits of the grantor,
but excluding contributions -in -aid -of -construction and con-
nection charges for the twelve (12) fiscal months preceding
the applicable anniversary date. Any franchise fee to be col-
lected shall be shown as a separate item on the company's
bills to its customers.
Section 16. [Conveyance of system.]
Within a reasonable time, which time shall not exceed one
hundred eighty (180) days, after the city has notified the
utility of its intent to terminate the franchise and to acquire
the system, the franchise holder shall convey all of its facili-
ties together with all easements to the City of Sebastian. The
time for conveyance of the system may be extended by action
of the city council should the utility demonstrate to the
., satisfaction of the city council that it has experienced a delay
Supp. No. 8 1958
M
APPENDIX B—FRANCHISES Art. VI, § 17
M Section 17. [Forfeiture of grant.)
The failure on the part of the company to comply in any
substantial respect with any of the provisions of this ordi-
nance shall be grounds for forfeiture of this grant but no
such forfeiture shall take effect if the reasonableness or
propriety thereof is protested by company until a court of
competent jurisdiction, with a right of appeal in either party,
Supp. No. 4 1959
M
in its ability to convey the system which delay was unin-
tentional and beyond its control. Said conveyance by the
utility shall be without encumbrance. At this time the fran-
chise holder shall convey unencumbered all of its facilities
together with all easements, to the City of Sebastian, without
charge as to all property contributed to the utility; provided
further, however, that the city shall have the right to pur-
chase the remaining assets of the utility based on the average
r.
of the net original cost and a price as computed and agreed
upon by three (3) competent and qualified appraisers. The
city shall select an appraiser, the utility shall select an ap-
praiser, and these two (2) appraisers shall mutually agree
upon and select a third independent appraiser and these
three (3) appraisers shall arrive at the value of the utility
and the sales price involved. However, the city shall not be
required to purchase and no value will be placed on additions
or extensions to the system which were paid for as contribu-
tions -in -aid -of -construction by any person, firm. or corporation
other than the utility. At the end of the franchise period, the
city shall not be required to pay to the utility any amount
for goodwill and the appraised value shall be based entirely
,.
upon physical assets only, and provided further that in the
event said board of appraisers cannot agree as to the price
to be paid by the city, then the city may file appropriate con-
demnation proceedings under Florida law. Prior to the utility
conveying the system to the city a detailed and accurate set
of record drawings showing location, sizes, and types of sewer
mains, fittings, laterals, and other pertinent information shall
be furnished to the city on reproducible mylars. Any fran-
chise granted by the city shall include the above requirement.
M Section 17. [Forfeiture of grant.)
The failure on the part of the company to comply in any
substantial respect with any of the provisions of this ordi-
nance shall be grounds for forfeiture of this grant but no
such forfeiture shall take effect if the reasonableness or
propriety thereof is protested by company until a court of
competent jurisdiction, with a right of appeal in either party,
Supp. No. 4 1959
M
Me
Art. VI, § 17 SEBASTIAN CODE
., Section 21. Effective date.
The provisions of this ordinance shall become effective ten
(10) days after the date of its enactment, subject to the
OR utility's acceptance of this franchise in writing.
OR ARTICLE VII. FLORIDA POWER & LIGHT
COMPANY—ELECTRIC*
ORDINANCE NO. 0-82-3
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC
-Editor's note—Printed herein is the electric franchise, Ord. No. 0-82-3, adopted
May 10, 1982. Additions made for clarity are enclosed by brackets
Cross reference—Street lighting franchise, App. B, Art IL
Supp. No. 4 1960
001
shall have found that company has failed to comply in a sub-
stantial respect with any provisions of this franchise and
the company shall have six (6) months after the final de-
termination of the question to make good the defaults before
a forfeiture shall result with the right in council at its dis-
cretion, to grant such additional time to company for com-
pliance as necessities in the case required.
Section 18. [Repealer.]
Ordinances 175 and 203 are hereby specifically repealed
in their entirety. Any and all ordinances granting General
Development Utilities, Inc. or General Development Corpora-
tion a sewer franchise are hereby repealed in their entirety.
Section 19. Severability clause.
It is declared hereby to be the intent of the council that,
..
if any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of the ordinance
shall not be affected.
[Section 20. Reserved.]
., Section 21. Effective date.
The provisions of this ordinance shall become effective ten
(10) days after the date of its enactment, subject to the
OR utility's acceptance of this franchise in writing.
OR ARTICLE VII. FLORIDA POWER & LIGHT
COMPANY—ELECTRIC*
ORDINANCE NO. 0-82-3
AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSIGNS AN ELECTRIC
-Editor's note—Printed herein is the electric franchise, Ord. No. 0-82-3, adopted
May 10, 1982. Additions made for clarity are enclosed by brackets
Cross reference—Street lighting franchise, App. B, Art IL
Supp. No. 4 1960
001
Zr _ ' 0 =07 :ES --='0 P. 15/67
ORDINANCE NOa$&?4
AN ORDINANCE ATTENDING ORDINANCE 0-81-8,
THE WATER DISTRIBUTION SYSTEM FRANCHISE
ORDINANCE HELD BY GENERAL DEVELOPMENT
UTILITIES BY INCREASING RATES FOR WATER
SERVICE; PROVIDING A SEVERABILITY CLAUSE:
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian authorized
General Development Utilities to provide water service to
a portion of the City on May 11, 1981; and
WHEREAS, the rate schedule for residential and
general water service was adopted without change from the
previous franchise ordinance which was originally adopted
in1959; and
WHEREAS, General Development Utilities, Inc.
has submitted to the City a request for a rate increase,
and provided to the City substantial documentation to support
said request; and
WHEREAS, the Council of the City of Sebastian
after careful review and analysis of said request, and
Public hearings, has determined that a rate increase is
justificable; and
WHEREAS, the Council has found and determined
what a just, reasonable, compenstory and not unfairly
discriminatory rate for water service is to be.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF SEBASTIAN, FLORIDA:
SECTION I.
That Schedule 1 of Exhibit "B^; Tarrif-Water,
of Ordinance 0-81-8, including all substitute pages attached
hereto and made a part hereof, is hereby amended as follows:
PR
OR
PQ
on
AY a 1 14:111 407 589 S5 O P. 16/67
RATE SCHEDULE FOR WATER SERVICE
Next 500,000 gal- 1.63 per 1000
Next 1500,000 gal- 2.17 per 1000
Over 2500,000 gal- 4.34 per 1000
CUSTOMER DEPOSITS
Residential:
Meter Size
3Tr_XY7T" $30.00
1" and above Three (3) months estimated billings
General Service:
Meter Size
TTr-x-S%d' 550.00
1" and above Three (3) months estimated billings
DISCONNECTION/RECONNECTION CHARGES
Residential and GeneralService
During regular working hours $13.75
After regular working hours 18.25
-2-
MONTHLY BILLING CHARGES
Residential and General
Service Rate Schedule
Meter Size
ease Facility
USAGE CHARGE.
5/8 x 3/4"
$ 3.10
First
10,000 gal -
$1.09
per
1000
•
Next
10,000 gal -
1.63
per
1000
Next
30,000 gal -
2.17
per
1000
Over
50,000 gal -
4.34
per
1000
1"
7.75
First
25,000 gal -
$1.09
per
1000
Next
25,000 gal -
1.63
per
1000
Next
75,000 gal -
2.17
per
1000
Over
125,000 gal -
4.34
per
1000
15.51
First
50,000 gal -
$1.09
per
1000
•
Next
50,000 gal -
1.63
per
1000
Next
150,000 gal -
2.17
per
1000
Over
250,000 gal -
4.34
per
1000
2'
24.01
First
80,000 gal -
$1.09
per
1000
Next
00,000 gal -
1.63
per
1000
Next
240.,000 gal -
2.17
per
1000
Over
400,000 gal!-
4.34
per
1000
3'
49.63
First
160,000 gal-
$1.09
per
1000
Next
1G0,000 gal-
1.63
per
1000
Next
480,000 gal-,
2.17
per
1000
Over
000,000 gal-•.
4.34
per
1000
4"
77.54
First
250,000 gal-
$1.09
per
1000
Next
250,000 gal-
1.63
per
1000
Next
750,000 gal-
2.17
per
1000
Over
1250,000 gal-
4.34
per
1000
6•
155.08
First 500,000 gal-
$1.09
per
1000
Next 500,000 gal- 1.63 per 1000
Next 1500,000 gal- 2.17 per 1000
Over 2500,000 gal- 4.34 per 1000
CUSTOMER DEPOSITS
Residential:
Meter Size
3Tr_XY7T" $30.00
1" and above Three (3) months estimated billings
General Service:
Meter Size
TTr-x-S%d' 550.00
1" and above Three (3) months estimated billings
DISCONNECTION/RECONNECTION CHARGES
Residential and GeneralService
During regular working hours $13.75
After regular working hours 18.25
-2-
a�
0"
P. 17/67
STANDBY CHARGES -FIRE HYDRANT .AND/OR SPRINKLER SYSTEMS
4" Mains - S 400.00 per year
611 Mains - 800,00 per year
8" Mains - 1,280.00 per year
SECTION II.
If any section, subsection, sentence, clause, phrase
or word of this ordinance is for any reason held unconstitutional
or invalid, for any reason, such ruling shall not affect the
validity or constitutionality of any of the
remaining portions of this ordinance.
SECTION III.
This Ordinance shall take effect immediately upon
becoming law.
I HEREBY CERTIFY that the foregoing Ordinance was
finally passed by the City Council of the City of Sebastian,
Florida, on the/,I" day of , 1982.
>�/
ayf�it�r3ebanian
ATTEST:
�i ty e
I HEREBY CERTIFY that Notice of Public Hearing of
the foregoing Ordinance was given in accordance with Section
166.041 of the Florida Statutes, that said public hearing was held
in the City Hall of the City of Sebastian, Florida,
on the71-4 ay of Chu/„ ,1982, and that the
foregoing Ordinance was —dly�ssed and adopted by the City
Council of the City of Sebastian, Florida, on the
day
of 1982.
City Clerje,
S•
MAY 22 '91 14:12 407 569 5570
General Development Utilities, Inc.
Sebastian Highlands Division
Water Service
P. 18/67
First Revised Sheet 1.0
Cancels Original Sbeet 1.0
TARIFF - WATER
General Development Utilities, Inc.
1111 South Hayebore Drive
Miami. Florida 33131
Filed with
City Commission
City of Sebastian, Florida
It
,d
., MAY 22 ':1 14:12 407 599 557E P. 19/67
General Development Utilities. Inc. First Revised Sheet 2.0
Sebastian Highlands Division Cancels Oriaiaal Sheet 2.0
Water Service
TABLE OF CON=S
Sheet No.
Territory Served . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.0
Technical Terms . . . . . . ... . . . . . . . . . . . . . . . . . . 5.0
Index of Rules and Regulations . . . . . . . . . . . . . . . . . 6.0-7.0
Rules and Regulations . . . . . . . . . . . . . . . . . . . 5.0-15.0
Index of Rate Schedules . . . . . . . . . . . . . . . . . . . . . 16.0
Rate Schedules . . . . . . . . . . . . . . . . . . . . . . . 17.0-19.0
Index of Standard Forms . . . . . . . . . . . . . . . . . . . . . 20.0
Standard Forms . . . . . . . . . . . . . . . . . . . . . . . . 21.0-23.0
Contracts and Agreements . . . . . . . . . . . . None at date of issue
C
Gerard F. Hotian 1 '
MAY 22 '91 14:12 407 S99 5570
raneral Development Utilities, Inc.
Sebastian Highlands Division
IwAter Service
P. 20/67
First Revised Sheet 3.0
Cancels Original Sheet 3.0
TERRITORY SERVED
All that territory lmwn as Sebastian Highlands, lying within the city
limits of Sebastian. Brevard County, Florida, being described more fully
in the Exhibit A of Ordinance No.
Gerard P. lSoxian
�v
• MAY 22 '?1 14:12 497 589 557.0
i
General Development Utilities, Iuc.
Sebastian Highlands Division
Water Service
P.21/67
First Herised Sheet 4.0
Cancels Original Sbaet 4.0
MISCELLANEOUS
There are no entries in this Section at date of
issue.
Gerard P. Fozian
President
MAY 22 '91 14:13 407 599 5570 P.22/67
General Development Utilities, Inc. First Revised Sheet 5.0
Sebastian Highlands Division Cancels Original Sheet 5.0
:later Service
TRCHNICAL TERXS
1.0 "Comoanv": General Development Utilities, Inc.
Sebastian Highlands Division
2.0 "Consumer": Any person, firm. association, corporation,
gover=ental agency or similar organization supplied with nater
service by the Company.
3.0 "Service": Service, as mentioned in this Tariff and in agreement
with Consumers, shall be construed to include, in addition to all
water service required by the Consumer, the readiness and ability on
the part of the Company to furnish water service to the Consumer.
'thus, the maintenance by the Company of pressure at the point of
delivery upon request shall constitute the rendering of water ser-
vice, irrespective of whether Consumer makes any use thereof.
4.0 "Consumer's Installation": All pipes, shutoffs, valves, fixtures
and appliances or apparatus of every kind and nature used in con-
nection with or forming a part of an installation for utilizing
water for any purpose, ordinarily located on the Consumer's side of
point of delivery, whether such installation is owned outright by
Consumer, or used by Consumer under lease or otherwise.
S.0 "Point of Delivery": The point where the Company's pipes or meters
are connected with pipes of the Consumer.
6.0 "Hain": Shall refer to a pipe, conduit, or other facility installed
^ to convey.vater ser4e to individual service lines or to other
Maine.
7.0 "Service Lines": The pipes of the Company which are connected from
^ the mains to point of delivery.
8.0 "Rate Schedule": Refers to rate or charge for the particular
classification of service.
9.0 "Commission": Refers to the City Commission, City of Sebastian.
Gerard P. Hoban 2O'
President
9 14:13
• MAY c� 1
4.77 5E9 66713
P.23/67
General
Development Utilities, Inc. First Revised Shoat 6.0
•Sebastian Highlands Division Cancels Original Shoat 6.0
Water Service
_.
INDEX OF RULES AND REGULATIONS
Rule
Shoat
Number
Number
1.0
General Information . . . . . . . . . . . . . . . . .
. 6.0
2.0
Water Service . . . . . . . . . . . . . . . . . . . .
. 8.0
3.0
Signed Application Necessary . . . . . . . . . . . .
. 8.0
^ 4.0
Applications by Agents . . . . . . . . . . . . .
. 8.0
5.0
Withholding Service . . . . . . . . . . . . . . . . .
. 8.0
6.0
Extensions . . . . . . . . . . . . . . . . . . . . .
. 9.0
7.0
Limitation of Use . . . . . . . . . . . . . . . . . .
. 9.0
8.0
Continuity of Service . . . . . . . . . . . . . . . .
. 9.0
�. 9.0
Type and Maintenance . . . . . . . . . . . . . . . .
. 10.0
10.0
Change of Consumer's Installation. . . . . . . . . .
. 10.0
11.0
Inspection of Consumer's Installation. . . . . . . .
. 10.0
12.0
Protection of Company's Property . . . . . . . . . .
. 10.0
Jt
13.0
Accebs to Premises . . . . . . . . . . . . . . . . .
. 11.0
14.0
Right of Way or casements . . . . . . . . . . . . . .
. 11.0
15.0
Billing Periods . . . . . . . . . . . . . . . . . . .
. 11.0
16.0
Delinquent Bills . . . . . . . . . . . . . . .
. 11.0
^ 17.0
Reimbursement for Extra Expenses . . . . . . . . . .
. 11.0
18.0
Payment of Water 8 Sever Service Bills Concurrently.
. 11.0
19.0
Temporary Discontinuance of Service. . . . . . . . .
. 12.0
20.0
Tax Clause . . . . . . . . . . . . . . . . . . . . .
. 12.0
21.0
Chanje of Occupancy . . . . . . . . . . . . . . . .
. 12.0
Gerard P. Hozian ^�
President p(
MAY cc '91 14:13 407 599 5570 -.
P.24i67
General Development Utilities, Inc.
First Revised Sheat 7.0
Sebastian aighlauds Division
Cancels Original Sboat 7.0
Water Service
(continued from Sbeet 6.0)
Rule
Sbeet
Number
Number
22.0 Unauthorized Connections -Water . . .
. . . . . . . . . . 12.0
23.0 Meters . . . . . . . . . . . . . . .
. . . . . . . . . . 13.0
24.0 All Water Through Meter . . . . . .
. . . . . . . . . . 13.0
25.0 Adjustment of Bills . . . . . . . .
. . . . . . . . . . 13.0
26.0 Customer Deposit . . . . . . . . . .
. . . . . . . . . . 13.0
27.0 Request for Meter Test by Consumer.
. . . . . . . . . . 14.0
28.0 Adjustment of Bills for Meter Error
. . . . . . . . . . 14.0
ji
Gerard P. Nazisn „ 4
President [�
MAY 22 '?1 14:14 407 SS9 5570 P.25/67
General Development Utilities, Inc. First Revised Sheet 8.0
Sebastian Highlands Division Cancels Original Sheet 8.0
Vater Service
RULES AND REGULATIONS
_ 1.0 General Information: The Company's Rules and Regulations. insofar
as they are inconsistent with any statute, ordinance, law, or legis-
lation now in effect, shall be null and void. These Rules and Reg-
ulations are a part of the rate schedules, applications and
contracts of the Company, and in the absence of specific written
agreement to the contrary, they apply without modifications or
change to each and every Consumer to whom the Company renders water
service.
�. In the event that a portion of these Rules and Regulations is de-
clared unconstitutional or void for any reason by any court of
competent jurisdiction, such decision shall in no way affect the
validity of the remaining portions of the Rules and Regulations for
water service unless such court order or decision shall so direct.
2.0 Vater Service: To obtain water service, application should be made
at the office of the Company. Applications are accepted by the
Company with the understanding that there is no obligation on the
part of the Company to render water service other than that which is
-� then available from its existing water production and distribution
equipment and service lines.
The applicant shall furnish to the Company the correct name, street
address, and lot and block number ac which water service is to be
rendered.
3.0 Signed Application Ngdeasary: Vater service is furnished only upon
signed application or agreement accepted by the Company and the
conditions of such application or agreement are binding upon the
Consumer as well as upon the Company. A copy of each application or
agreement for water service accepted by the Company will be
furnished to the applicant on request.
4.0 Application by Agents: Application's for water service requested
by firms, partnerships, associations, corporations, and others.
shall be tendered only by duly authorized parties. When water
service is rendered under agreement or agreements entered into be-
tween the Company and an agent of the principal, the use of such
water service by the principal shall constitute full and coe:plete
ratification by the principal of the agreement or agreements entered
into between agents and the Company and under which such water
service is rendered.
5.0 Withholditi3 Service: The Company may withhold or discontinue water
service rendered under application made by any member or agent
Gerard P. Hozian ��
President
MAY 22 '?1 14:14 407 5S9 5570 P.26i67
General Development Utilities, Inc. First Revised Sheet 9.0
Sebastian Highlands Division Cancels Original Sheat 9.0
Water Service
of a family, household, organization, or business unless all prior
indebtedness to the Company of such family, household, organization,
or business for water service has been settled in fall.
6.0 Extensions: The Company will make such extensions to its existing
facilities as may be required by one or more Consumers provided the
revenues to be derived therefrom shall be sufficient to afford fair
and reasonable return on the cost of providing and rendering the
water service. Otherwise, the Company will require from the
Consumer prepayments, cash advances, miaitans guarantees, service
guarantees, contributions in aid of construction, or other arrange—
ments with the Consumer. whereby the Company will be enabled to earn
a fair and reasonable return on the coat of providing and rendering
the required service.
7.0 Limitation of Use: Water service purchased from the Company shall
be used by the Consumer only for the purposes specified in the
application for water service and the Consumer shall not sell or
otherwise dispose of such water service supplied by the Company.
Water service furnished to the Consumer shall be rendered directly
to the Consumer through Company's individual meter and shall be for
Consumer's own use and may not be remetered by the Consumer for the
purpose of selling or otherwise disposing of water service to
lessees, tenants, or others; and under no circi�_utances shall the
Consumer or Consumer's agent or any other individual, association,
or corporation install meters for the purpose of so rematering said
water service. In no case shall a Consumer, except with the written
consent of the Campanyy extend his linea across a street. allay,
lane, court, property line, avenue, or other way in order to furnish
water service for adjacent property through one meter, even though
such adjacent property be owned by him. In use of such unauthor—
ized extension, remetering, sale, or disposition of service, Con—
sumer's water service is subject to discontinuance until such un—
authorized extension, remetaring, sale or disposition is
discontinued and full payment is m{de of bills for water service.
calculated on proper classification and rate schedules and
reimbursement in full made to the Company for all extra expanses
incurred for clerical work, testing and inspections.
8.0 Continuity of Service: The Company will at all tines use reasonable
diligence to provide continuous water service, and have used reason—
able diligence, shall not be liable to the Consumer for failure or
interruption of continuous water service. The Company shall not be
liable for any act or omission caused directly or indirectly by
strikes. Labor troubles, accident, litigations, breakdowns,
shutdowns for repairs or adjustments, acts of sabotage. atomism of
the United States, warm, United States, state, samicipal or other
Gerard P. Mozian ��
• MAY 22 '91 14:15 407 539 5570 P.27/67
General Development Utilities, Inc. First Revised Shoat 10.0
Sebastian Highlands Division Cancels Original sheat 10.0
Water Service
.. governmental interference, acts of God or other causes beyond its
control.
9.0
mea,! and Haintenanee: She Consumer's pipes, apparatus, and equip—
nt shall be selected. installed, used and maintained in accordance
with the standard practice, conforming with the Rules and
Regulations of the Company, and in full compliance with all laws and
governmental regulations applicable to same. She Consumer agrees
further to keep all pipes, valves, plumbing and fixtures in repair
and to promptly stop all leaks on his premises, and the Company
_ shall not be responsible for their maintenance and operation. The
Consumer expressly agrees not to utilize any appliance or device
which is not properly constructed, controlled and protected, or
which may adversely affect the water service; and the Company
reserves the right to discontinue or withhold water service to such
apparatus or device.
10.0 Change of Consumer's Installation: No changes or increases in
Consumer's installation, which will materially affect the proper
operation of the pipes, mains, or stations of the Company shall be
made without written consent of the Company. The Consumer will be
liable for any change resulting from a violation of this rule.
11.0 Inspection of Consumer's Installation: All Consumers' water service
installations or changes shall be inspected upon completion by
competent authority to insure that Consumer's piping, equipment. and
devices have been installed is accordance with accepted standard
practice and such local governmental or other rules as may be in
effect. Where munici14a or other governmental inspection is
required by local rules or ordinances, the Company cannot render
water service until such inn
spection has been made and formal notice
of approval from the inspecting authority has been received by the
Company.
The Company reserves the right to inspect Consumer's installation
prior to rendering water service ana from time to time thereafter,
but assumes no responsibility whatsoever for any portion thereof.
12.0 Protection of Co an Property: The Consumer shall properly pro—
tect the Company s property on the Consumer's premises, and shall
permit no one but the Company's agents, or persons authorized by
law, to have access to the Company's pipes and apparatus.
In the event of any loss or damage to property of the Company caused
by or arisipg out of carelessness, neglect or misuse by the
Consumer, the cost of asking good such loss or repairing such damage
shall be paid by the Consumer.
Gerard P. Motion
President j
MAY 22 '91 14:15 407 599 5570 P, 29/67
- General Development Utilities. Inc. First Revised Sheet 11.0
Sebastian Highlands Division Cancels Original Sheet 11.0
Water Service
13.0 Access to Premises: The duly authorized agents of the Company shall
have access at all reasonable bourn to the premises of the Consumer
for the purpose of installing, maintaining and inspecting or remov-
ing Company's property, reading meters, and other purposes incident
to performance under or termination of the Company's agreement with
the Consumer, and in such performance shall not be liable for tres-
pass.
14.0 Right of Way or Easements: The Consumer shall grant or cause to be
granted to the Company and without cost to the Company all rights,
easements, permits, and privileges which in its opinion are
necessary for the rendering of water service.
15.0 Billing Periods: Bills for water service will be rendered monthly.
Bills are due when rendered and shall be considered as received by
Consumer when delivered or mailed to water service address or some
other place mutually agreed upon.
^ Nonreceipt of bills by Consumers shall not release or diminish
obligation of Consumer with respect to payment thereof.
16.0 Delincuent Bills: Bills are due when rendered, and if not paid
within twenty days thereafter become delinquent, and water service
may then, after five days WRITTEN NOTICE, be discontinued. Service
will be resumed only upon payment of all past due bills and
penalties, together with a reconnect charge of1$ 3.75, when performed
during regular working hours. After regular working hours, the
reconnection charge will be $18.25. There shall be no liability of
any kind against theldompany by reason of discontinuance of water
service to the Consumer for failure of the Consumer to pay the bills
on time.
No partial payment of any bill rendered will be accepted by the
Company, except by agreement with the Company, or by order of the
governing body.
17.0 Reimbursement for Extra Expenses: The Consumer shall reimburse the
Company for all extra expenses such as for special trips, inspac-
tions, additional clerical expenses, etc.) incurred by the Company
on account of the Consmmier's violation of the contract for service
or of the Company's rules and regulations.
1B.O.Payment of Water and Sever Service Bills Concurrently: When both
water and sever service are provided by the Company, payment of any
water service bill readared by the Company to a water strvics Coo -
sumer shall not be accepted by the Company without the simultaneous
or concurrent payment of any sever service bill rendered by the
Company. If the charges for rater service are not so paid, the .
Gerard P. Mozian
.MAY 22 '91 14:16 407 569 5570
General Development Utilities, Inc.
Sebastian Highlands Division
Water Service
P. 29/67
First Revised Sheet 12.0
Cancels Original Sheet 12.0
Company may discontinue both sever service and water service to the
Consumer's premises for nonpayment of the water service charges or,
if the charges for sewer service are not so paid, the Company may
discontinue both water service and sewer service to the Consumer's
premises for nonpayment of the sewer service or water service or
either of such services until such time as all sewer service charges
and water service charges and all other expenses or charges
established or provided for by these Rules and Regulations are paid.
19.0 Temaorary Discontinuance of Service: At any time that water service
Ts not being furnished to the premises, as confirmed by the Company
furnishing said water service, upon application to.the Company by
the Consumer for a temporary shutoff, billing for water service to
the premises will be continued at the Base facility Charge.
20.0 Tax Clause: Rates and/or charges may be increased or a surcharge
added in the amount of the applicable proportionate part of any
taxes and assessments imposed by any governmental authority in
excess of those in effect January 1, 1967, which are assessed on the
basis of meters or customers or the price of, or revenues from,
water sold.
21.0 Change of Occupancy_ When change of occupancy takes place on any
premises supplied by the Company with water service, WRITTEN NOTICE
thereof shall be given at the office of the Company not less than
three days prior to the date of change by the outgoing Consumes, who
will be held responsible for all water service used on such premises
until such written noltice is so received and the Company has bad
reasonable time to di,continue water service. However. if such
written notice has not been received, the application of a
succeeding occupant for water service will automatically terminate
the prior account. Consumer's deposit may be transferred from one
service location to another, if both locations are supplied by the
Company. Consumer's deposit may NOT be transferred from one name to
another.
For the convenience of its Consumers, the Company will accept
telephone orders to discontinue or transfer water service and will
use all reasonable diligence in the execution thereof. However,
oral orders or advice cannot be deemed binding or be considered
formal notification to the Company.
22.0.Onauthorized Connectiane-Water: Connections to the Company's water
system for any purpose whatsoever are to be made only by employees
of the Coz*any. unauthorized connections render the service subject
to imcediate discontinuance without notice and water service will
not be restored until such unauthorized connections have been
removed, and unleee settlement in made in full for all water service
Gerard P. Mozian
^aY ZZ 'S1 14 i7 407 599 5570
General Development Utilities, Inc.
Sebastian Highlands Division
Yater Service
P.30 67
First Revised Sheet 13.0
Cancels Original Sheet 13.0
estimated by the Company to have been used by reason of such
unauthorized connection.
- 23.0 Meters: All water meters shall be futmished by and remain the
property of the Company and shall be accessible to and subject to
its control. The Consumer shall provide meter apace to the Company
at a suitable and readily accessible location and when the Company
considers it advisable, within the premises to be served, and should
be of adequate and proper space for the installation of meters and
other similar devices.
24.0 All Water Through Meter: That portion of the Consumer's installa-
tion for water service shall be so arranged that all water service
shall pass through the meter. No temporary pipes, nipples, or
'^ spacers are permitted and under no circumstances are connections
allowed which may permit water to bypass the meter of metering
equipment.
^ 25.0 Adjustment of Bills: When a customer has been overcharged or under-
charged as a result of incorrect application of the rate schedules,
incorrect reading of the meter, incorrect connection of the meter,
or other similar reasons, the amount may be credited or billed to
the Consumer, as the case may be.
26.0 Customer Deposit: Before rendering service, the Company will re-
quire. a deposit or guarantee satisfactory to the Company to secure
the payment of bills, and the Company shall give the customer a
non-negotiable and nontransferable deposit receipt. The amount of
such depopit shall beFan amount necessary to cover charges for
service for three billing periods.
Meter Size Amount
Residential S 8 x 3/4 $ 30.00
1" and above 3 mo. est. billing
General Service 5/8 z 3/4'x* 50.00
^ 1" and above 3 me. eat. billing
The Company will pay interest on customer's deposit at the rate of 87 per
- annum. The payment of interest will be made once a year as a credit oa
regular bills, and on final bills when service is discontinued. No
Customer depositor will receive interest an his deposit until at least
Gerard P. Motian -2��
MAY 32 'ql 14:17 407 533 5573
General Development Utilities, Inc.
Sebastian Highlands Division
Vater Service
P. 31/67
First Revised Sheet 14.0
Cancels Original Sheet 14.0
six months continuous service,then interest will be paid fro= date of
the commencement of service.
Upon final settlement of customer's account or vhen'customer'a credit has
been established to the satisfaction of the Company, any unused balance
of the deposit will be refunded. Refunds are contingent upon surrender to
the Company of the applicable deposit receipt or, when the receipt cannot
be produced, upon adequate identification.
27.0 Request for Meter Test by Consumer: Should any customer request a
bench test of his water meter, the Company will require a deposit
to defray cost of testing, such deposit not to exceed the following
schedule of fees:
Meter Size Yee
5 8%x 314 $10.00
1" h ]h" 12.50
2" 15.00
Over 2" Actual cost of test
If meter is found to register in excess of the accuracy limits pre—
scribed by the Comtd.ssion, the deposit will be refunded; but, if
below such accuracy limit, the deposit will be retained by the
Company as a service charge for conducting the teat.
Further, upon written request of any customer, the Company shall,
without charge, make a field test of the accuracy of the water meter
in use at custcmer's remises, provided that the meter has not been
tested wiphin the past' twelve moths. This rule in no way conflicts
with Commission Rule 310-10.80.
28.0 Adjustment of Bills for Meter Error: In meter tests made at the re—
queat of the customer, the accuracy of registration of the meter and
— its performance in service shall be judged by its average error. The
average meter error shall be considered to be the average of the
errors at the test rate flows.
Fast Meters — Whenever a meter tested is found to register fast, in
excess of the tolerance provided in the Meter Accuracy Requirements
provision herein, the utility shall refund to the customer the
— amount billed in error for one—half the period not to exceed six
months except that if it can be shown that the error was due to some
cause, the date of which can be fixed, the overcharge shall be
computed back to but not beyond such date. The refund shall not
include any, part of any wfmlm,., charge.
Slow Meters — Whenever a meter tested is found to register slow, in
excess of the tolerance provided in the Mater Accuracy Requirements
Gerard P. Mozian I
D IJ
^11RY 22 'S1 14. 13 407 5-013 5570 P.32/67
General Development Utilities, Inc. First Revised Sheet 15.0
Sebastian Highlands Division Cancels Original Sheet 15.0
Water Service
provision herein, the utility may bill the customer an amount equal
to the unbilled error for one-half the period since the last test;
said one -hall period not to exceed six months, except that if it can
be show that the error was due to some cause, the date of which can
be fixed, the charge may be computed back to but not beyond such
date and provided further that if the utility has required a
deposit, the customer may be billed only for that portion of the
unbilled error which is in excess of the deposit retained by the
utility.
In the event of a nonregister meter, customer may be billed on an
estimate based on previous bills for similar usage, such estimate to
apply only to the currant billing.
In the event of unauthorized use, the customer may be billed on a
reasonable estimate of the service taken.
Meter Accuracy Requirements - All meters used for measuring quantity
of water delivered to a customer shall be in good mechanical
condition and shall be adequate in size and design for the type of
service which they measure. Before being installed for the use of
any customer, every water meter, whether new, repaired, or removed
from service for any cause, shall be adjusted to register within the
accuracy limits set forth in the following table:
_ Accuracy Limits in Percent
Maximum Intermediate
Rate Rate New Repaired
Meter Type Ai
Displacement 98.5-101.5• 98.5-101.5 95-101.5 90-101.5
Current 97.0-1D3.0 97.0-103.0 95-103.0 90-103.0
Compound* 97.0-103.0 97.0-103.0 95-103.0 90-103.0
*The minimum required accuracy for compound meters at any rate
within the "changeover" range of flows shall be 852.
Gerard P. Moban
President I-)
MAY 23 '91 ±4:15 407 959 9970
General Development Utilities. Inc.
Sebastian Highlands Division
Water Service
P.33/67
First Revised Sheet 16.0
Cancels Original Sheet 16.0
ME$ OF RATE SCHEDULES
Sheet
Number
Residential Service . . . . . . . . . . . . . . . . . . . . . 17.0
GeneralService . . . . . . . . . . . . . . . . . . . . . . . . . 16.0
Standby Charges -Fire Hydrant and/or Fire Sprinkler Systems. . . . 19.0
J;
Gerard P. Hozian C5
TIDY 22 '91 14:13 407 539 5570
P.34/67
General Development Utilities. Inc. First Revised Shoat 17.0
Sebastian Highlands Division Cancels Original Sheet 17.0
Nater Service
RESIDENTIAL SERVICE RAPE SCHEDULE
Availabilitv - Available throughout the area served by the Company.
Applicability - For water service for all purposes in private residences
and individually -metered apartment units.
LSmitationa - Subject to all of the Rules and Regulations of this Tariff.
Monthly Rates
BASE FACILITY
.MTER SIZE CHARGE PER MONTH USAGE CHARGE
5/8 x 3/4" S 3.10 First 10,000 991-$1.09 per 1000
Next 10,000 gal- 1.63 per 1000
Next 30,000 gal- 2.17 per 1000
Over 50,000 gal- 4.34 per 1000
1" 7.75 First 25,000 gal -$1.09 per 1000
Next 25,000 gal- 1.63 per 1000
Next 75,000 gal- 2.17 per 1000
Over 125,000 gal- 4.34 per 1000
15.51 first 50,000 gal -$1.09 per 1000
Next 50,000 gal- 1.63 per 1000
Next 150,000 gal- 2.17 per 1000
Over 250,000 gal- 4.34 per 1000
Y
2" 24.81 First 80,000 gal -$1.09 per 1000
Next 80,000 gal- 1.63 per 1000
Next 240,000 gal- 2.17 per 1000
Over 400,000 gal- 4.34 per 1000
Base Facility Charge - Any customer vho,Fegvests that service be inter-
rupted for any length of time will pay the Base Facility Charge during
that period of interruption. Any customer who attempts to circumvent
- this eharge by closing his account (and requesting deposit refund) at
time of temporary departure and then returning several months later as a
new customer, will be held liable for the Base Facility Charge during the
disconnected months. The payment of the Base Facility Charge will be
made monthly.
Gerard P. Motion
President
P1RY 2'c '91 1-:19 407 599 55760 P.35/67
General Development Utilities. Inc. Original Sheet 17.1
Sebastian Highlands Division
Water Service
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days. and service may, after five
days written notice, be discontinued.
Billing - Bills shall be rendered monthly and the meter reading dates
shall coincide as near as practically possible, and bills rendered as
soon as possible thereafter. Bills rendered for less than 502 of the
normal billing period will be billed in accordance with Rule 25-10.97(2),
Florida Administrative Code: "Whenever, for any reason, the period of
sere=ce for which a bill is rendered is less than fifty percent (502) of
the normal billing period, the charges applicable to such service.
including minimum charges, shall be prorated in the proportion that the
actual number of aervice days bears to a thirty (30) day month; except
that:
(a) Opening bills need not be rendered but may be carried over to
and included in the neat regular monthly billing.
(b) For service taken under flat rate schedules, fifty percent
(502) of the normal charges may be applied.
(c) She practices employed by the utility in this regard shall have
uniform application to all customers."
Franchise Fee - Consumers residing within the Limits of Sebastian Highlands
be charged the franchise fee imposed by the City of Sebastian to the Com-
pany, with such fee being itemized on consumer's monthly bill.
— Reconnection Charges - On the initial rurn-on of a nev service or
account, there will be no charge. On reconnections due to other reasons,
there will be a recounecti'6 charge of $13.75 for each request during
regular working hours. After regular working hours, the charge will be
$18.25.
Gerard P. Mozian
President
-MAY 22 '91 14:19 »GR gg9 S�-O
General Development Utilities, Iac.
Sebastian Highlands Division
Water Service
P.36/67
First Revised Sheet 18.0
Cancels Original Sheet 18.0
Gerard P. Motian
President
GENERAL SERVICE RATE SERVICE
Availability -
Available throughout
the area served
by the Company.
Applicability
- For water service to
general service
customers.
Limitations -
Subject to all of the
Rules and Regulations
of this Tariff
and the Rules
and Regulations of the
Commission.
Monthly Rates
BASE FACILITY
METER SIZE
CHARGE PER MONTH
USAGE CHARGE
5/8 x 3/4"
$ 3.10
First 10,000
gal -$1.09
per
1000
Next 10,000
gal- 1.63
per
1000
Next 30,000
gal- 2.17
per
1000
Over 50,000
gal- 4.34
per
1000
- 1"
7.75
First 25,000
gal -$1.09
per
1000
Next 25.000
gal- 1.63
per
1000
Next 75,000
gal- 2.17
per
1000
Over 125,000
gal- 4.34
per
1000
1
15.51
First 50,000
gal -$1.09
per
1000
Next 50,000
gal- 1.63
per
1000
^
Next 150,000
gal- 2.17
per
1000
1i
Over 250,000
gal- 4.34
per
1000
^ 2"
24.81
First 80,000
gal -$1.09
per
1000
Next 80,000
gal- 1.63
per
1000
Next 240,000
gal- 2.17
per
1000
Over 400,000
gal- 4.34
per
1000
^ 3"
49.63
Tj.rst 160,000
gal -$1.09
per
1000
Next 160,000
gal- 1.63
per
1000
m
Next 480,000
gal- 2.17
per
1000
Over 800,000
gal- 4,34
per
1000
4"
77.54
First 250,000
gal -$1.09
per
1000
Next 250,000
gal- 1.63
per
1000
Next 750,000
gal- 2.17
per
1000
Over 1250,000
gal- 4.34
per
1000
^ 6"
155.08
First 500,000
gal -$1.09
per
1000
Next 500,000
gal- 1.63
par
1000
Next 1500.000
gal- 2.17
per
1000
^
Over 2500,000
gal- 4.34
per
1000
Gerard P. Motian
President
'— - •. MAY '91 14:c0 407 539 fZ P.37/67
General Development Utilities, Inc. Original Sheet 18.1
-Sebastian Highlands Division
Water Service
Base Facility Charge - Any customer who requests that service be inter-
r_
uptad for any length of time, will pay the Base Facility Charge during
that period of interruption. Any customer who attempta to circumvent
this charge by closing his account (and requesting deposit refund) at
time of temporary departure and then returning several months later an a
new customer, will be held liable for the Base Facility Charge during the
disconnected months. The payment of the Base Facility Charge will be
made monthly.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five
days written notice, be discontinued.
Billing - Bills shall be rendered monthly and the meter reading dates
shall coincide as near as practically possible, and bills rendered as
soon as possible thereafter. Bills rendered for less than 50% of the
- normal billing period will be billed in accordance with Rule 25-10.97(2),
Florida Administrative Code, which states: "Whenever, for any reason,
the period of service for which a bill is rendered is less than fifty
percent (50%) of the normal billing period, the charges applicable to
such service, including minimum charges, shall be prorated in the
proportion that the actual number of service days bears to a thirty (30)
day month; except that:
(a) Opening bills need not be rendered but may be carried over to
and included in the next regular monthly billing.
(b) For service taken under flat rate schedule. fifty percent (50%)
of the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to alLcustomers."
Franchise Fee - Consumers residing within the limits of Sebastian Highlands
be charged the franchise fee imposed by the City of Sebastian to the Com-
pany, with such fee being itemized on consumer's monthly bill.
Reconnection Charge - On the initial turn -on of a new service or account
or reconnections due to temporary disconnects, there will be no charge.
On reconnections due to other reasons there vill be a reconnection charge
of $13.75 for each request during regular working hours. After regular
working hours, the charge will be $18.25.
Gerard P. Mozian
President r
NAY 22 X61 14:20 407 533 5570
General Development Utilities. Inc.
Sebastian Highlands Division
Water Service
CHARGES -
P.38/67
First Revised Sheet 19.0
Cancels Original Sheet 19.0
Availability - Available throughout the at" served by the Company.
Applicability - For service to hydrant& and/or sprinkler systems in
privately owned buildings connected to water mains of the Company.
Limitations - Subject to all of the Rules and Regulations of this Tariff
and the General Rules and Regulations of the Commission.
Rates
4" Heins - Annual Charge S 400.00
6" Mains - Annual Charge 800.00
8" Yams - Annual Charge 1280.00
Billing - Bills shall be rendered annually at the beginning of the
service year.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days and service may, after five
days written notice, be discontinued.
Franchise Fee - Consumers residing within the limits of Sebastian Highlands
will be charged the franchise fee imposed by the City of Sebastian to the
—' Company, with such fee being itemized on consumer's monthly bill.
li
Gerard P. Mozian 24
President �J 0
PIA`( 2' '9 !-:20 -07 533 5.710
General Development Utilities, Inc.
'Sebastian Highlands Division
Water Service
P. 39/67
First Revised Sheet 20.0
Cancels Original Sheet 20.0
INDEX OF STANDARD FORMS
Sheet
Number
Customer's Deposit Receipt b Service Agreement . . . . . . . 21.0
Application for New Residential Service. . . . . . . . . . . 22.0
Application for New General Service . . . . . . . . . . . . . 23.0
Service Work Order . . . . . . . . . . . . . . . . . . . . . 24.0
1�
Gerard P. Mosian
President
Mil
hIRY 22 '91 14:21 -407 599 5b70
General Development Utilities, Inc.
Sebastian Eighlemds Division
Yater Service
P. 40/67
First Revised Sheet 21.0
Cancels Original Sheet 21.0
CUSTOMER'S DEPOSIT RECEIPT & SERVICE AGREEMENT
irn
General De12I0welilt CUSTOMER'S DEPOSIT RECEIPT
�LJ1 Utilities Irc & SERVICE AGREEMENT Norm 7604
QKa1Ne From
S119*1 Aodfass
Mad Address
Lot No.
Diyislon _
Account No
As a Total No F
Bloell
Dale
Waley 0900111 1
Sewer Deposit S
Gas Depdalt S
Total Deman S
and /100 Dollars
This OAyfnenl Is 10 QuAmIl" MAY And all Indobtedrmss tof castor arta/pr s"W Ando, Qat ",,W@
which may W of baCOme due 10 Genenf ON Iodmenl Utilities. ITC.. Ih#mFA,jth Call" LItlllly''l by $are
^ Customs' Customs' 41919CA Ina! :tiro DeOltsit Or any Donlon Inereof, may do Spolmo in 0m,"'g9 of any
�ndCtmOMOSS Of CuStOmef 10 Ulllity. UPM d1sconimUanea of yrviCa ewer" by IMS DCOoell and ma
OmsennpM of this RsCOGI &Ad n,OM d*nt111CatlOn. Utility p9m S 10 refund 10 Cuslomer the 09pmJrl.
let& any lmovnis due Ullllly.
TTY D*P"ll atoll not pfeClo" Utility nom discontinuing lot non",m"i I" same*= red by Ihm
^ Deposit regarola s of I" sufficiency of said Ott»bd to eowr airy rnoabtedness lot Win aalYKe.
By the signing of Inls Dus n,asr'e Deaden Racalpl 1 Semuz AgmMmantoa
l, Cwmreeognites and
)gree! to Sold! by all *silting M6ssonsble rules am regulations of Utility and any ams AmAtt nhereto.
cool*- Of sold NICs antl fepunlbnA atq /AI1Mmenls Instate, be ng avallaale for irmp"tins at I" bllbng
Office 01 UlHlly,
^
Customer Agra" that Utility. Its agents a emoloyeea shall at all Mmes haw Mee*sa 10 Uliliryl IIMs.
nNIM and Subum A", to'nsum sates, lwreml and IM alae where Avon facilities are bcamd at of
k1o1 Ile* OI shrvpb*ry, if"S, toneless. (nlarim"Ce Item oil, and otMr pOStIUCtiDM. CUSI,m,, agree9
that 11 Shall hold U111fry. Ile agents or employ", harmless and Utility shall not be liable for any damage or
^ I"Jury alleged 10 haw* becuned lft Ugh Utility, Its agents of tmoloy"a eo tducifnQ lrmpectiona and
teaaits tP Utluly"s arms, m*IaIS and SubunfsnNr (pressure sewer Sysienll. wMlher SUCK dome" Shell
haws beturfad Intough mg11g,rin W OOyryoaa, and wf1a111N such damage W Injury snarl O,Cur 10 real
prepeny, p fts For Otis.
customs, lun"r agoras that all bills for caster snNa AewApa Adrur Qts cpwges refit be pals wilnin
fih"n 1151 days of mailing bills and ally the (5) flays canons Miles it AOI Ad antl. UIHlly will Dara IM ngnl
to disconnect somFG* AIM Charge a f*asonApa fns IDI neonneetlng,
II Is further uedersleog and agmed trot the tall, of water andidu an 10 CWIOmel octan K the meter.
✓ld Uldily hof no reaOOnfiblay niallw M Nrvie1 or supohing filer and/dr gas Miler Said water andf0l
gas wean through fns meter. Utility's f"oonsibillry totally* to gravity sews, -rent* Ossa" At
^ CuslOmei S M"I'ly firm. Md Utiitlyy MDMaiMlily rllsllw to Sudurbanaw Idras m *e.et system)
Cessas At the poral al wnlCh IM Clouse lateral MIVs the SUWrOanaar uAli.
^ t e OENERAL DEVIFLORaIENT UTILITIES. INC.
Glrw ey'
Gerard P. Yoziaa
President
r9RY cc "'1 11:21 4'07 _.99 S_73
General Development Utilities, Inc.
Sebastian Righlaads Division
Water Service
P.41/67
First Revised Sheet 22.0
Cancels Original Sheet 22.0
APPLICATION FOR NEST RESIDENTIAL SERVICE
Gerard P. Mo7:ian
President
General Dewbm Ta
, thM>es k.
New Residential Service Fu
1 A
P
NAVE
FLAT 101 LLOCR
P
L
WAILING ADDRESS
76NIMGCW71P1GTgM
I
C
LOCATION OF SERVICE GI diff~tI
TITLE MOLDER OF PROPERTY:
A
Sw.. w..
T
I
MF OF SERVICE'. WATER SE'R'ER ERT. DATE SERVICE REOUIRM
_�OV,..;.o.•:.y �rinWwwa
O
N
IO•m fG..•,m.n s:p•R.r•1
'_• 111
CONNECTION CHARGES
11 OFFICE Avww
USE
11 7f•w FWm QF.iRY lTar�
�� �.
N
767 Lod
1 RRw • to Wy X
---------
A
A
YOpiM Lan.• 330 ow X
K
OF'FG
n Ww wI. Lw.W W. Ch";
T
It 1fm hvnl W M Rule! X—
'^
IV AGREEMENT
E
71 W. W.... t .....e.R cam..:
-
Y' m•u. •
UT7uTY �I1 Pwl✓. �.1,. sow P+TRNRI N WH v
^ R
lY^ T•n. •
l...i• Aw11NNry •b M•M i.rniw P.iey •epowo
Floia PWic Sal" CW- ' - r aeur Wc.l n+
TDTAL NATER CHARD!
N
R.y.w{ry. TIN h4cY w..:L•W 1. wd/n. Y.•
1
><•
Ylx.darl M 70 E.Rw• oM 4F P.. •M ..1.N .•.
ilMm W or Pdiq. UTILITY . u ,
11 f.... H.RI CM -q ChR
•EF W •, PMIa Wtlry r r.wr W .s•R
S
+
%*4 f&Jy AR RRYn • ]]0 Rod %
•Ileutiw o.d w.T ..R.Ar• •,IIYN.• b rMI r
YupiN l.ww .700 pd%
•e
ea•e•RJQ. MIo�aw�b.
I E
M
'•'
k !1•R.•P. hwwR w Ih.+.l X
fdlw.R•1 Sywv1
MRR:.s We, ww. MwH al d 50100
E
R
TOTAL SEWER CHARGE
-4
I
TOTAL WATER i SF WEA CHAROEM
'i
O.Rr,I D..•1•Rnw IRRIIIa Y•F
Gerard P. Mo7:ian
President
• r9RY 22 ' 61 14:21,2 4107 566 5577
General Development Utilities, Inc.
Sebastian Hi)Shlands Division
Water Service
P.42/67
First Revised Sheet 23.0
Cancels Original Sheet 23.0
APPLICATION FOR NEW GMUMAL SERVICE
GENERAL DEVELOPMEMT UTILIMS, IMC.
APPLICATION FOX NEV SERVICE
CdHEXCIAL a AULTI•FAAILY
Data:
Hailing Address:
Lxation of New Facility:
Plat: - Let:
:oning Classification:
TyP. of Se"Ice: rater
!3tivated Date Sery Pct Required:
Title Holder of Property:
!lock:
Sane AS abort.
Other: Specify Nue g gtlationship
•— Sita of gaquit.d Mater M,r.rs:
.Ojabtr of Requirtd rater Meters:
USAGE DATA:
^ 1• Apartment building No. of units Units/Acre
Mobile Ho.e Park -- No. of Units Units/Acre
3. Hospitai• ./laundry 40. of led,
4. Hgsplril, no laundry No- of led,
S. Nur,ing H..e Souare Feet _
6. Hotel or Motel No. of Units
'—" 7. Xes Durant No. of Stats
1. Factory, rhhortrl —" Ne. of Employees
9. Lwndrq.t No. of Machines
10. Office -building Square Ftcc
11. rar.house Square Feet _
11. Scores, no Kitchen Square Feet _
1l. Other:
XEEQU!XED ATTAMAENTS:
legal Description of Property
Sit. Plan (including location of structures and utility connection points).
NOTES:
Adaltlonat inferaaticn .ay M required.
cpu will respond within 30 dais to Your aDDll[a tion, adrisi ng whether aerrtce
will S. proyided. If so, the estiuttd dot. aeryi% wi l! be ayaflab!e and
the total cost of connection •ell be provided. you rear then notify CDU in
VT
a icing of your acceptance of these t•rand foTuard an igrtNtnt processing
fee of 1150.00 before any further work will be undertaken.
►lease forward application to:
signature and LIZI. it L.rVOTACLOn
Gerard P. Mozian
President
' NAY c? '61 1422 407 599 5570
—
P.43/67
General Development Utilities, Inc. First Revised
Sheet 24,0
-Sebastian Highlands Division Cancels Original
Sheet 24.0
Water Service
SERVICE WORK ORDER
GeneaiCetie!ggmm
Service Work Order
UDLnes.6ic
rw..ww ��,. 1na r..,
oot
,•r,n�
o.]Kt vu
I
Cir
I
W+M Gn
nlrw w.� rww
CYN
ter
•
w./u
♦rtiIIM-
nllrwwr
CCS
Y•4�Wwn-r
_
C
C
:
C
♦e,n
j iww
, u�'�'
d W
BA, S•Iw Coral
1 I� M.�•M,#r.
rMM
] la IR Yww
�
l rr rM
QM•r A.
Tun On
• Ilyi Vlryln�ln
Mf. M�
b.v. Lrr Fs• OY
14ry •nFY Yn OM
f■wY IR WA
1
■Iw/IY M
MM ]Illvgl
0•enl,+
Y•wr
1frl Mlln�•r�.
tiY
L4ff
Y, Ilion
••A.r YnMW ea Iry
■Twn OI
/ v.
a„
•Onr
wy, to w lowr.r:
,
�u tsrr
4rw 1. M Ywr
]I�\ rl.•.w H
7M Nnw w.n w Mw ar T• Y• YY,er.
Gerard P. Mozian
President
113
i, Y 22 91 14:?2 407 589 5570 �"--�-- P. 44/67
ORDINANCE NO. D " fl- F—
(AMENDMENT TO ORDINANCE 0-81-8)
(WATER FRANCHISE)
AN AMENDMENT TO ORDINANCE 0-81-8 DATED MAY
11, 1981, PROVIDING FOR REPEALING OF EXHIBIT
"A" TO ORDINANCE 0-81-8 DATED MAY 11, 1981;
CLARIFYING THE CITY'S RIGHTS UPON A TRANSFER
OF THE FRANCHISE: PROVIDING FOR SEVERABILITY
CLAUSE: PROVIDING FOR A CONFLICT CLAUSE: PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED by the City Council of
the City of Sebastian, Florida, to wit:
Section 1 - Amending Clause: Section "1" of Ordinance
0-81-8 dated May 11, 1981, is hereby amended to add to the
exclusive franchise, Units 1-6, 8, 10-15 and the remainder of
Units 16 and 17 of Sebastian Highlands Subdivision, an area
located within a portion of the City of Sebastian, Florida,
more specifically described in Exhibit "-A" attached hereto.
Section 2 - Repealing Clause: Exhibit "A" to Ordinance
0-81-8 dated May 11, 1981, is hereby repealed in its entirety.
All other sections of Ordinance 0-81-8, dated May 11, 1981,
shall remain in full force and effect.
Section 3 - Adoption Clause: Exhibit "A" attached
hereto and incorporated herein, entitled General Development
Utilities, Inc. Water Franchise Area is hereby adopted and shall
be considered as an integral part of Ordinance 0-81-8, dated
May 11, 1981.
Section 4 - Amending Clause: That Section 11 Of
Ordinance 0-81-8, dated May 11, 1981, is hereby amended to
read as follows:
Section 11. Transfer of Rights
The company shall not, at any time,
transfer its rights in any of its public
water system property, or its franchise
herein granted, to any person, firm or
corporation, without the consent of the majority
MAY 22 '91 14:23 407 569 5570 P.45i67
of said Council. It is, however, expressly
understood and agreed that in the event the
company should desire to transfer its rights
and franchise as aforesaid to a transferee that
is qualified to operate under said franchise
then the Council, unless it exercises its- right
of first refusal in accordance with Section 16
hereof, shall not withhold its consent unreasonably
and the showing of qualifications shall be conclusive
evidence of the right of the company to secure and
consent of transfer.
Section 5 - Severability Clause: Should any section,
subsection, phrase, or word of this ordinance be declared
invalid, the reaminder of this ordinance shall not be so
affected.
Section 6 - Conflict Clause: Any ordinance or portion
thereof which is in conflict with the provisions of this ordinance
is hereby repealed to the extent of such conflict.
Section 7 - Effective Date: This ordinance shall
become effective immediately upon adoption.
CITY OF SEBASTIAN, FLORIDA
ATTEST: ry
. /
City lezc
I HEREBY CERTIFY that the foregoing Ordinance was
finally passed by the City Council of the City of Sebastian,
Florida, on this the y --day of 198�s�.
04
�L
city clerx
'S(5
22 '91 14:23 407 589 55y0
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MAY 22 '91 14:24 407 589 5570 P.47/67
I HEREBY CERTIFY that Notice of Public
Hearing of the foregoing Ordinance was given in accordance
with Section 166.041 of the Florida Statutes, that said
public hearing was held in the City Hall of
ff7the City of
..i Sebastian, Florida, at %.O m on,s..
1984, and that the foregoing Ordinance was duly passed and
adopted by the City Council of the City of Sebastian, Florida,
on the � day of �l, ,, _ , 1984.
_.cam✓
lty Cler
��Y 22 '91 14:24 407 589 5570
CC->
ORDINANCE NO. 0-9/- f ,*)
P.48i67/
Uvly J°
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, rj,�,,R% of
AMENDING ORDINANCE 0-81-8, Dated May 11, 1981, t° 5
GL•'NERAL DEVELOPMENT UTILITIES FRANCHISE; BY
AMENDING SECTION 1 TO INCLUDE AND ADDITIONAL
EAi AND SYSTEM. PROVIDING SECTION 6CONVEYANCE
CANBEEXERCISEDBY THECITYASTo
OFTHIS
5,-,E
013
ADDED AREA WITHOUT EXCERCISING SECTION 16 AS TO ANY .7I,
OTHER AREA; PROVIDING AN EFFECTIVE DATE. �vr
P(� ql
NOW, DE IT ORDAINED by the City Council of the City of Sebastian,
Florida, that Section "1" of Ordinance 0-81-B, dated May 11, 1981,
ie hereby amended to add to the exclusive Franchise Area the property
described as Follows;
SECTION I
AMENDING CLAUSE; Section '1" of Ordinance 0-81-8, dated
May 11, 1984, is hereby amended to add the following described
land area to the Franchise Area of General Development,
That part of the Northwest 1/4 of the Northwest 1/4 of
Section 7, Township 31 South, Range 39 East, lying North
of the Northerly right-of-way of the Trans Florida Railroad,
less the East 197.00 fast thereof; and that part of the
Northwest 1/4 of the Northwest 1/4 of Section 7, Township
31 South, Mange 39 East, and being more particularly described
as follows; From the Northwest corner of Section 7, run
S 00'04130• E, along the West line of said Section 7, a distance
of 2,191,37 feet to the Northarly right-of-way line of said
railroad and the point of UEGINNING; tt;ence continue S 00'04130" E
a distance of 161.28 feet to the southerly right-of-way line of
said railroad; thence run 38.14142' E, along the Southerly right-
of-way line, a distance of 1,580.48 feat to a point, said point
Ly Lag 13.46 feat Narth of curvature of the ceetarLlne of County
koau 512, as s;,own or, tr.e Fiat of SaraeLLa;. ifignianas Unit hO. 12.
said curve lying between lots 48 through 55, Block 490, as ro-
corded in Piet Book 7, Page 57, Indian River County Public
Records; thence run 00.00'55• E, a distance of 161.60 feet to
the Northerly right-of-way line of Said Railroad; thence run
S 38.141420 W, along said Northerly right-of-way line to the
Point of Beginning, an area loeatud within the City of Seb-
astian, Florida,
SECTION 11
Section 16 of Ordinance 0-81-8 regarding conveyance of the
system and termination of the Franchise can be exercised by the City
as to the above described area without exercising said Section 16 as
to any other Franchise Area of General Development Utilltisa,, such
exerciou Is rurarved bueausa 1L Is uunLa;uplated that anuther Water/
Wastewater system may be duvulopud by a;;athor Franchisee, Which other
Franchise Area may include the above added area at some time in the
future.
SECTION III
This Ordinance shall be in fares and effect upon passage by
the City Council, and upon written acceptance filed by the franchise
OR
MAY 22 '91 14:24 407 599 5570 P.49/67
holder and the Indian River,County School Board Authorities with
the City Clark. If Such written acceptance of this Ordiance is
not filed as indicated, this Ordiance shall have no force and effect.
CIT F SEB "PIAN, FLORIDA
BY,
(/dim Gallaghe mayor
� A'1"1'257'£: ,
Deborah C. Krages, Clty&Aark
I HERE-UY CERTIFY that Notice of Public Hearing of thu foregoing
Ordinance was given in accordance with Suction 166.041, Florida
Statutus, that said Public lisariny was held in the City Council
Chamnaars of the City of Sebastian, Florida, at '1:•• P,M., an the
11W, day of December, 1984, and the this Ordinance was duly
passed and adopted by the City Council of the City Council, Florida,
... at that time and place, subject to written acceptance hereof by the
Franchise Holder and the Indican DRi/very CCounty\ Schoolt Authority.
Deborah C. Krages, City Clefie
ACCEPTED BY GENERAL. DEVELOPMENT UTILITIES, INC.,ON THE _day of
>9 by
Division Director
ACCEPTED BY AND ON BEHALF OF THE PELICAN ISLAND ELEMENTARY SCHOOL
BY:
Tltle
on the day of 19_
1 HEREBY CERTIFY THAI' THE FOREGOING ORDINANCE WAS DELIVERED TO ME
.. ON THE day of , 198_, after
having been accepted by the Franchise Holder and the Authorities
_ authorized to accept on behalf of Pelican Island Elementary] School,
at which data this Ordinance became effective.
Deborah C. Krages, City Clerk
M
on
- . PMY 22 191 14:25 407 5.99 5570 J \� \ P.50/67
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN,FLORIDA
AMENDING ORDINANCE 0-81-8, Dated May 11, 1981,
GENERAL DEVELOPMENT UTILITIES FRANCHISE: BY
AMENDING SECTION 1 TO INCLUDE AN ADDITIONAL
AREA; PROVIDING AN EFFECTIVE DATE.
_ NOW, BE IT ORDAINED by the City Council of the City of Sebastian,
,.� Florida, that Section "1" of Ordinance 0-81-8, dated May 11, 1981,
is hereby amended to add to the exclusive Franchise Area the property
ew
described as Follows,
SECTION I
AMENDING CLAUSE: Section "1" of Ordinance 0-81-8, dated
May 11, 1981, is hereby amended to add the following described
land area to the Franchise Area of General Development:
That part of the Northwest 1/4 of the Northwest 1/4 of
Section 7, Township 31 South, Range 39 East, lying North
of the Northerly right-of-way of the Trans Florida Railroad,
less the East 197.00 feet thereof: and that part of the
Northwest 1/4 of the Northwest 1/4 of Section 7, Township
31 South, Range 39 East, and being more particularly described
as follows: From the Northwest corner of Section 7, run
S 00'04'30" E, along the West line of said Section 7, a distance
of 2,191.37 feet to the Northerly right-of-way line of said
railroad and the point of BEGINNING; thence continue S 00.04'30"E
a distance of 161.28 feet to the Southerly right-of-way line of
said railroad; thence run 38.14'42" E, along the Southerly right-
of-way line, a distance of 1,580.48 feet to a point, said point
lying 33.46 feet North of Curvature of the centerline of County
Road 512, as shown on the Plat of Sebastian Highlands Unit No. 12,
said curvo lying between lots 48 through 55, Block 490, as re-
corded in Plat Book 7, Page 57, Indian River County Public
Records; thence run 00'00155" E, a distance of 161.60 feet to
the Northerly right-of-way line of Said Railroad; thence run
S 38.14'42" W, along said Northerly right-of-way line to the
Point of Beginning, an area located within the City of Seb-
astian, Florida.
SECTION II
This Ordinance shall be in force and effect upon passage by
the City Council, and upon written acceptance filed by the franchise
holder in accordance with Section 27-23(b), of the code of Ordinances
of the City. If such written acceptance of this Ordinance is not
filed as indicated, this Ordinance shall have no force and effect.
ATTEST:
C. (r .ate eeg)
Deborah C. Xrages, City Clerk
CI F SEBA IAN, FLORIDA
BY:
J m Gallagher'r Mayor
5e
-iJAY 22 '91 14:26 407 589 5570 P.51/67
I HEREBY CERTIFY that Notice of Public Hearing of the foregoing
Ordinance was given in accordance with Section 166.041, Florida
Statues, that said Public Hearing was held in the City Council
Chambers of the City of Sebastian, Florida, at 1:00 P.M., on the
/31J(1 day of 'lM , 1985, and the this Ordinance was duly
passed and adopted by the City Council of the City of Sebastian,
Florida, at that time and place, subject to written acceptance hereof
by the Franchise Holder and the Indian River county School Authority.
Alit C.
Deborah C. Krages, City Clark
ACCEPTED BY GENERAL DEVELOPMENT UTILITIES, INC., ON THZ,-W~day of
Nh— e 19 Kbp J_ , -1 I
,—
Division Director
1i
IN
N
6.
Ll.
ORDINANCE 0-87-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO
THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY
INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION
OF IMPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL
ASSESSMENTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS
IN LIEU OF IMPACT FEES; AUTHORIZING THE CITY TO ENTER INTO
CERTAIN INTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS ORDINANCE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, THAT:
ARTICLE I
General
SECTION 1.01 Authority for Ordinance. This Ordinance is enacted
pursuant to Article VIII, Section 2, Florida Constitution (1968); Chapter 166,
Florida Statutes (1986); the City Charter of the City of Sebastian; and other
applicable provisions of law.
SECTION 1.02 Definitions. When used in this Ordinance, the following
terms shall have the following meanings, unless the context clearly requires
otherwise:
I I
I
"Agreement" shall mean the Intergovernmental Agreement between the
City and the County with respect to water and sewer services within the City.
"Assessment" or "Assessments" shall mean any Special Assessments
together with any Special Assessments in Lieu of Impact Fees.
"Board" shall mean the Board of County Commissioners of Indian River
County, Florida.
Florida.
E�
"City" shall mean the City of Sebastian, Florida.
"Council" shall mean the City Council of the City of Sebastian,
"County" shall mean Indian River County, Florida.
thereto) of the County for the purposes of providing adequate and sanitary
sewage collection and disposal services, and the supplying of water.
SECTION 1.03 Power of Council. All power and authority granted to
the City by the provisions of this Ordinance shall be exercised by the Council
or its successors, as the governing body of the City.
ARTICLE II
Impact Fees
I
SECTION 2.01 Impact Fee, Expansion Policy. This section establishes
procedures to facilitate the orderly expansion of the System by the County and
provides alternates for funding such expansion by those specifically benefitting
thereby, by imposing a user charge which is reasonably calculated to offset a
portion of the capital cost of the anticipated new demand on the System. The
remaining capital cost shall be recouped through monthly charges.
Certain necessary improvements will have to be undertaken in order to
provide a System to meet the needs of a large influx of new residents,
industrial and 'business establishments anticipated to occur in future years. in
order to finance these improvements, several combined methobs of financing will
be necessary, one of which is an Impact Fee.
An Impact Fee is hereby imposed in order to offset the cost to the
County of the necessary expansion of its System. The amount of Impact Fees have
been established on the recommendation of the County's rate consultants.
SECTION 2.02 impact Fee Imposed. There is hereby imposed an impact
Fee in the Franchise Territory according to the following schedule, based on the
equitable portion of the cost to the County of financing the extension of the
System on each Equivalent Residential Unit responsible for creating the need for
additional system expansion. The obligation to pay the impact Fee shall occur
at the earliest of the following dates:
When the capacity is reserved, when a water or sewer permit is
granted, when a building permit is issued or when any connection to the Systgm
is made.
Water Service . . . . . . . . . . . . . . .$1,140.00/ERU
Sewer Service . . . . . . . . . . . . . . .$1,250.00/ERU
If a building permit is issued for an existing non—residential,
commercial or industrial connection which will increase demand on the System or
if a building changes from residential to non—residential dccupancy, the total
number of Equivalent Residential Units for the old and new parts of the facility
will be computed according to the definition of Equivalent Residential Units and
Impact Fees shall be assessed on the difference.
SECTION 2.03 Escalation of Impact Fees. The basis for the Impact
Fees imposed has been structured with respect to two major but variable factors.
First, the present level of construction cost of Improvements. Second, the
theory of treatment facilities and their relative degree of treatment system
sophistication as prescribed by the Flcrida Department of Health and
Rehabilitative Services and the Florida Department of Environmental Regulation.
The foregoing schedule of Impact Fees shall automatically escalate
based upon increases in utility construction index published in the Engineering
News Record magazine (ENR) (if ENR goes out of business, an equivalent index
will be used). The City shall automatically adjust the Impact Fees set forth
herein semi—annually with the first such adjustment to be not earlier than
December 31, 1987. The automatic escalation shall not exceed the percentage
difference between said construction cost index for the base period as compared
wit.b the period in review.
SECTION 2.04 Escalation of plant capacity fee. Separate and apart
from the automatic escalation provisions set forth above, the Utility Department
of the County may file with the Council a higher or lower Impact Fee schedule,
a and in support of that schedule, detail the reasons requiring such increased-
fees.
ncreased-fees. Such reasons may include and be related to increasing standards of
service; inadequate or incorrect estimates of the total anticipated fees versus
the actual investment levels required by the County for the System; actual
experience with regard to matters of service area density having a direct
i
bearing upon Assessments received versus the cost of construction of
i
Improvements; matters of net investment bearing upon rates'and charges required
of consumers and/or such other matters which may reasonably bear upon the needs,
necessities or consideration requiring such change.
SECTION 2.05 Use of proceeds. The proceeds accumulated by reason of
the establishment of the Impact Fees can be used only for capital expenditures
;7 for the expansion of the County's System. The funds may be used for extending,
oversizing, separating or constructing new additions to the treatment plant or
j collection and interceptor systems of the System so as to meet the increased
arA demand which additional connections to the System create. Said proceeds may not
be used for improving, updating or bringing the System into compliance with any
richange in law or other events which would other wise require such improving,
updating or bringing the System into compliance.
SECTION 2.06 Payments. All Impact Fees paid to the City shall be,
upon receipt, paid immediately to the County for deposit into Impact Fee trust
fund(s) established by the County and shall be used by the County only for
purposes of the expansion of the System.
Any funds on deposit in such trust fund(s) which are not immediately
necessary for the expansion of the System may be invested in the manner provided
by law for the investment of surplus County funds. All interest earned on
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invested funds in the respective trust fund shall bear the same restrictions on
expenditure as those funds which created the interest.
ARTICLE III
Special Assessments
SECTION 3.01 Method of Prorating Special Assessments. Special
Assessments against property deemed to be specially benefited by Improvements
shall be assessed upon the property specially benefited b� the Improvements in
rproportion to the benefits to be derived therefrom, said special benefits to be
determined and prorated according to the foot frontage of the respective
properties specially benefited by the Improvements, or by such other method as
the County may require the Council to prescribe by resolution.
SECTION 3.02 Resolution Recuired to Declare Special Assessments.
When the County determines to defray the whole or any part of the cost of any
Improvements by Special Assessments, upon notice thereof, the Council shall
declare by resolution the nature and "location of the Improvements, the part or
nortion of the Cost thereof to be paid by Special Assessments, the manner 17•
which the assessments are to be made. wnen the Special Assessments are to o::
paid, and what par:, if any, shall be paid from other available funds Th=
Ifresolution shall designate the lands upon which the Special Assessments are to
be levied. In describing said lands it shall be sufficient to describe them as
Ir"all lots and lands adjoining and contiguous or bounding and abutting upon the
Improvements or specially benefited thereby and further designated by the
�^ assessment plat with respect to the Special Assessments." The resolution shall
also state the total actual or estimatea cost of the 1mprovementz.
SECTION 3.03 Assessment Plat. At the time of the adoption of the
r resolution aforesaid, there shall be on file with the clerk of the City, ar.
Ir
1i
thereof. The assessment roll shall be completed and filed with the Council as
promptly as possible.
SECTION 3.06 Publication of Assessment Roll. Upon the completion of
the assessment roll, the Council shall fix by resolution a time and place at
which the owners of the property to be assessed, or any other interested
persons, may appear before the Council and be heard as to the propriety and
advisability of making the Improvements, if not already made, the cost thereof,
the manner of payment therefor and the amount to be assessed against each
property. At least ten days' notice in writing of such time and place shall be
�^ given to such property owners which shall be served by mailing a copy of such
notice to each of such property owners at his last known address, the names and
addresses of such property owners to be obtained from the records of the
property appraiser, proof of such mailing to be made by affidavit of the clerk
of the City, provided that failure to mail said notice or notices shall not
�^ inval-Idate any of the proceedings hereunder. Notice of the time and place of
such hearing shall also be given by two publications a week apart in a newspaper
�^ of general circulation in the County. The last publication shall be at least
assessment plat showing
the area to be assessed. The assessment plat shall be
open to inspection by the public.
SECTION 3.04
Publication of Resolution. Upon the adoption of the
resolution aforesaid,
the City shall cause the resolution to be published one
time in a newspaper of
general circulation published in the County.
SECTION 3.05
Assessment Roll. Upon the adoption of the resolution
aforesaid, the Council
shall have an assessment roll made in accordance with the
method provided in the
resolution. The assessment roll shall show the lots and
n
parcels of land assessed and the assessment against each lot or parc,:l of land,
and if said assessment
is to be paid in installments, the amounts and due dates
thereof. The assessment roll shall be completed and filed with the Council as
promptly as possible.
SECTION 3.06 Publication of Assessment Roll. Upon the completion of
the assessment roll, the Council shall fix by resolution a time and place at
which the owners of the property to be assessed, or any other interested
persons, may appear before the Council and be heard as to the propriety and
advisability of making the Improvements, if not already made, the cost thereof,
the manner of payment therefor and the amount to be assessed against each
property. At least ten days' notice in writing of such time and place shall be
�^ given to such property owners which shall be served by mailing a copy of such
notice to each of such property owners at his last known address, the names and
addresses of such property owners to be obtained from the records of the
property appraiser, proof of such mailing to be made by affidavit of the clerk
of the City, provided that failure to mail said notice or notices shall not
�^ inval-Idate any of the proceedings hereunder. Notice of the time and place of
such hearing shall also be given by two publications a week apart in a newspaper
�^ of general circulation in the County. The last publication shall be at least
ri
I-
one week prior to the date of the hearing. The notice shall describe the
streets or other areas to which the Improvements relate and advise all
interested persons that the description of each property to be assessed and the
amount to be assessed to each property may be ascertained at the office of the
clerk of the City.
SECTION 3.07 Equalizing Board. At the time and place named in the
notice provided for in Section 3.06, the Council shall meet as the equalizing
board to hear and consider any and all complaints as to th'e Special Assessments
and it shall with the approval of the County adjust and equalize the Special
Assessments on the basis of justice and right. When so adjusted, equalized and
approved, the Special Assessments shall stand confirmed and shall remain legal,
valid and binding first liens upon the property against which the Special
Assessments were made, until paid in full. Upon completion of the Improvements,
the Council shall credit to each of the Special Assessments the difference in
irthe Special Assessment as originally made, approved and confirmed and the
proportionate part of the actual cost of the Improvements to be paid by Special
IrAssessments as finally determined, but in no event shall the final Special
Assessments exceed the amount originally assessed. Promptly after confirmation,
the Special Assessments shall be recorded by the clerk of the City in a separate
book, to be known as the "Assessment Lien Book", and the record of the lien in
this book shall constitute prima facie evidence of its validity.
ARTICLE IV
Special Assessments in Lieu of Impact Fees
SECTION 4.01 Special Assessments in Lieu of Impact Fees. In lieu of
the Impact Fees imposed or by other applicable provisions of law, t-ae Council,
if requested by the County to do so, is hereby authorized to assess, by
resolution, Special Assessments in Lieu of Impact Fees. Special Assessments in
Lieu of Impact Fees shall be assessed against the properties with respect to
G
r
which Impact Fees would otherwise be imposed. A Special Assessment in Lieu of
an Impact Fee shall
only be assessed against a specific property with 'the
rconsent
of the owner
of said property. Such consent shall be given in the
manner prescribed by
the County. In the event that consent is given with
rrespect
to
a specific
property, then the Impact Fee which would otherwise be
imposed with respect
to said property shall not be imposed, anything to the
contrary contained in
any ordinance or other provision of law notwithstanding.
rSECTION
4.02
Method of making Special Assessments in Lieu of Impact
Fees. The Council shall
follow all of the notice, hearing and other procedures
rset
forth in Sections
3.03, 3.04, 3.05 and 3.06 for Special Assessments for
Special Assessments in
Lieu of Impact Fees, as applicable and/or appropriate.
SECTION 4.03
Hearing Required. At the time and place named in the
rnotice
provided for in
Section 4.02, the Board shall meet to hear and consider
any and all complaints as to the Special Assessments in Lieu of Impact Fees.
rAfter due consideration of any such complaints, the Council shall then approve
by resolution the Special Assessments in Lieu of Impact Fees. When so approved,
the Special Assessments in Lieu of Impact Fees shall stand confirmed and shall
rremain legal, valid and binding first liens upon the property against which they
were made, until paid in full. Promptly after confirmation, the Special
Assessments in Lieu of Impact Fees shall be recorded by the clerk of the City in
the "Assessment Lien Book" referred to in Section 3.07, and the record of the
lien in this book shall constitute prima facie evidence of its validity.
I`
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ARTICLE V
Priority of Lien; Legal Proceedings Etc
SECTION 5.01 Priority of Lien; Interest and Method of Payment.
■ Assessments hereunder shall be payable at the times and in the manner to be
specified by the County. Assessments shall remain liens, co—equal with the lien
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r
of all state, county, district and municipal taxes, superior in dignity to all
l other liens, titles and claims until paid, and shall bear interest at a rate to
be specified by the County and pursuant to resolution of the Council, or, if
bonds are issued by the County to finance the costs of any Improvements, at a
rate not to exceed two (2) percent above the rate of interest at which the bonds
are sold. Assessments may, by the aforesaid resolution, be made payable in
Irequal installments over a period not to exceed 20 years, to which, if not paid
when due, there shall be added a penalty at the rate of one percent per month,
until paid.
17 SECTION 5.02 Legal Proceedings Instituted upon Failure of Property
Owner to Pay Assessment, Interest or Penalty when Due; Foreclosure; Service of
^ Process. Each installment provided for in Section 5.01 shall be paid upon the
^
dates specified by the County, with
interest
until the entire amount
of the
publication, as now provided by law in other chancery
Assessment has been paid, and upon the
failure
of any property owner to
pay any
fees, to be assessed as part
installment due, or any part thereof,
or any
interest or penalty, the
Council
or any interest, the whole
shall cause to be brought the necessary
legal
proceedings by a bill in
chancery
^
�^
or otherwise to enforce payment of
the Assessments with all interest and
^
penalties,
together with all legal costs incurred, including a reasonable
publication, as now provided by law in other chancery
or other suits.
The
�^ foreclosure proceedings shall be prosecuted to a sale
attorneys'
fees, to be assessed as part
of the costs
and in the event of default
�^
in the payment of any installment of an Assessment,
or any interest, the whole
Assessment,
together with the interest
and penalties
thereon, shall immediately
�^
become due
and payable and subject to
foreclosure.
In any such foreclosure,
^ service of process against unknown or non—resident defendants may be had
by
publication, as now provided by law in other chancery
or other suits.
The
�^ foreclosure proceedings shall be prosecuted to a sale
and conveyance of
the
property involved in said proceedings as now provided
by law in suits
to
_
foreclose mortgages, or any other applicable provision of
law.
P
r
accordance with the rules and regulations which shall be adopted from time to
time by the Board which rules and regulations shall provide for a charge for
making such connections in such amount as the County may fix and the Council
approve by resolution.
■ SECTION 6.02 Connections with Sewer Svstem Required. The owner of
each lot or parcel of land within the incorporated areas of the City upon which
lot or parcel of land any buildings or structure used as a dwelling is now
�I situated, or shall hereafter be situated, for either residential, commercial or
industrial use, shall connect or cause such buildings or structures to be
connected with the franchised sewer system of the County upon approval of the
County, and use such facilities within two (2) months following notification to
do so by the Utility Department of the County. All such connections shall be
imade in accordance with the rules and regulations which shall be adopted from
time to time by the Board which rules and regulations shall provide for a charge
N�I for making any such connections in such amount as the County may fix and the
Council approve by resolution.
�I SECTION 6.03 Sewer Connections Require County Water Service. All
■^I connections to the franchised sewer system of the County shall be simultaneously
connected to the franchised -water system of the County, unless the water system
ARTICLE VI
A�
i
Connections
SECTION 6.01
Connections to Water System Required. Where
the same
shall be available, the
owner of every lot or parcel of land within
the
incorporated area of the
City shall (except as limited herein) connect,
or cause
the plumbing of any buildings
or structures thereon to be connected,
with
the
franchised water system
of the County upon the approval of the County
and
use
such facilities within
two (2) months following notificat,lon to do so by
the
Utility Department of
the County. All such connections shall be
made
in
accordance with the rules and regulations which shall be adopted from time to
time by the Board which rules and regulations shall provide for a charge for
making such connections in such amount as the County may fix and the Council
approve by resolution.
■ SECTION 6.02 Connections with Sewer Svstem Required. The owner of
each lot or parcel of land within the incorporated areas of the City upon which
lot or parcel of land any buildings or structure used as a dwelling is now
�I situated, or shall hereafter be situated, for either residential, commercial or
industrial use, shall connect or cause such buildings or structures to be
connected with the franchised sewer system of the County upon approval of the
County, and use such facilities within two (2) months following notification to
do so by the Utility Department of the County. All such connections shall be
imade in accordance with the rules and regulations which shall be adopted from
time to time by the Board which rules and regulations shall provide for a charge
N�I for making any such connections in such amount as the County may fix and the
Council approve by resolution.
�I SECTION 6.03 Sewer Connections Require County Water Service. All
■^I connections to the franchised sewer system of the County shall be simultaneously
connected to the franchised -water system of the County, unless the water system
5
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notification
by the Utility
Department of
the County, as provided herein, then
is not available, as determined by the Utility Department of
the County. No
Department of
the County
shall be authorized to make such
by the Utility Department of
the County to connect.
sewer service shall be
provided without water service except
as determined,by
the Utility Department
of the County.
upon any such
lot or parcel of land for the purpose
SECTION 6.04
Exceptions. This Ordinance shall not
be construed to
require or entitle any
person to cross the private property of
another to make
any such sewer or water connection.
SECTION 6.05 Connections Made By County. If any such owner of any
rlot or parcel of land within the incorporated area of the City shall fail and
refuse to connect with and use the System of the County if available and after
g^
9
notification
by the Utility
Department of
the County, as provided herein, then
apply beginning twenty
the Utility
Department of
the County
shall be authorized to make such
by the Utility Department of
the County to connect.
connections,
entering on or
upon any such
lot or parcel of land for the purpose
g^
9
of making
such
connections.
Charges for Services shall
apply beginning twenty
(20) days
after
notification
by the Utility Department of
the County to connect.
['
The County shall thereupon be entitled to recover the cost of making such
connection, together with accrued charges, interest and attorney's fees.
In addition, and as an alternative means of collecting such costs or
making such connections, the City, on behalf of the County, shall have a lien on
such lot or parcel of land for such cost, which lien shall be of equal dignity
with the lien of state and county and municipal taxes. Such lien may be
foreclosed by the City on behalf of the County in the same manner provided by
the laws of Florida for the foreclosure of mortgages upon real estate.
ARTICLE VII
Miscellaneous
SECTION 7.01 Payments to County. The City shall immediately pay over
to the County any and all amounts collected pursuant to this Ordinance, any
rates, charges and fees for Services may be collected directly by the County;
r
provided, however, that the County may, at any time, require that said rates,
charges and fees for Services be collected by the City. In the event such
rates, charges and fees are collected by the City, all amounts collected shall
be immediately paid over to the County.
i SECTION 7.02 Intergovernmental Agreements. The City is hereby
authorized to enter into agreements with the County, whereby the County agrees
to make Improvements within the City or any part thereof, or agrees to provide
Services to the City, or any part thereof. The definitive form of such
agreements shall be specified by resolution of the Council. If Bonds are issued
by the County to finance any part of the cost of the construction or use of any
Improvements, said agreements shall be for a duration of not less than the final
�^ maturity of any such Bonds.
�— SECTION 7.03 No Referendum Required. No referendum or election in
the City shall be required for the exercise of any of the provisions of this
�^ Ordinance, unless such referendum or election is required by the Constitution of
the State of Florida.
^ SECTION 7.04 No Impairment of Contract. The City will not enact any
^ ordinance or adopt any resolution which will repeal, impair or amend in any
manner the rights of the holders of the Bonds issued from time to time, by the
�^ County in connection hereunder.
SECTION 7.05 This Ordinance Full and Supplemental Authority. This
Ordinance shall, without reference to any other law of the State of Florida or
the City, be full authority to the Council and the City to carry out and perform
the powers set forth herein. This Ordinance shall not be deemed to repeal or
supersede any general or special law or ordinance of the City relating to the
_ subject matter hereof, but shall be considered as supplemental, additional and
L
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alternative authority to the Council and the City to carry out and perform the
rpowers set forth herein.
rSECTION 7.06 Assessment Roll Sufficient Evidence of Assessment and
Other Proceedings under this Ordinance; Variance Not Material Unless Party Ob
—
rjecting Materially Injured Thereby. Any information or irregularity in the
SECTION 7.08 Severability. The provisions of this Ordinance are
IFintended to be severable. If any one or more sections, paragraphs, sentences,
clauses or provisions shall be held to be illegal or invalid, the remaining
sections, sentences, clauses and provisions of this Ordinance shall nevertheless
stand and be construed as if the illegal or invalid sections, sentences, clauses
or provisions had not been included herein.
SECTION 7.09 Repealer. All other ordinances, resolutions or parts
thereof in conflict with the provisions of this Ordinance are, to the extent of
such conflict, hereby repealed.
l� SECTION 7.10 Effective Date. This Ordinance shall take effect
immediately upon its enactment.
proceedings in connection with the levy of any
Assessment under the provisions
of this Ordinance
shall not affect the validity
of the same where the assessment
roll with respect
thereto has been confirmed by
the Councyl and said
assessment
roll as finally
approved and confirmed shall
be competent and sufficient
evidence that the
Assessment was duly levied, that
the Assessment was duly made
and adopted, and
that all other proceedings in
connection with the adoption of
the said assessment
roll were duly had, taken and performed as required by this
FOrdinance;
and no
variance from the provisions
of this Ordinance shall be held
material unless it
be clearly shown that the
party objecting was materially
IF
injured thereby.
SECTION 7.08 Severability. The provisions of this Ordinance are
IFintended to be severable. If any one or more sections, paragraphs, sentences,
clauses or provisions shall be held to be illegal or invalid, the remaining
sections, sentences, clauses and provisions of this Ordinance shall nevertheless
stand and be construed as if the illegal or invalid sections, sentences, clauses
or provisions had not been included herein.
SECTION 7.09 Repealer. All other ordinances, resolutions or parts
thereof in conflict with the provisions of this Ordinance are, to the extent of
such conflict, hereby repealed.
l� SECTION 7.10 Effective Date. This Ordinance shall take effect
immediately upon its enactment.
follows:
ATTEST:
This Ordinance adopted after motion, second and roll call vote as
Mayor Harris - Aye
Councilman McCarthy - Aye
Councilman Vallone - Aye
Councilman Roth - Absent
Councilman Rondeau - Absent
DATED: January 14 , 1987.
City Clerk
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
City Attorney, Thomas C. Palmer
CITY OF SEBASTIAN, FLORIDA
Mayor, L. Gene Harris
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STATE OF FLORIDA:
COUNTY OF INDIAN RIVER:
I, City Clerk of the City of Sebastian, Florida, do hereby certify
that the above and foregoing is a true copy of:
ORDINANCE 0-87-01
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO
THE PROVISION OF WATER AND/OR SEWER SERVICES TO THE CITY BY
�^ INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE IMPOSITION
Ir OF IMPACT FEES; PROVIDING FOR THE LEVY OF SPECIAL
ASSESSMENTS; PROVIDING FOR THE LEVY OF SPECIAL ASSESSMENTS
IN LIEU OF IMPACT FEES; AUTHORIZING THE CITY TO ENTER INTO
jr CERTAIN INTERGOVERNMENTAL AGREEMENTS; AND PROVIDING FOR AN
EFFECTIVE DATE FOR THIS ORDINANCE.
a I adopted by the City Council of the City of Sebastian, Florida in session on the
1 /tel fl/, day of January, 1987.
WITNESS my hand and official seal this M "/u day of January, 1987, in
the City of Sebastian, Indian River County, Florida.
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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, FLORIDAi CONTAINING PROVISIONS
AND CONDITIONS RELATING THERETO] AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of the City of
Sebastian, Florida, acting for and on behalf of the City of
Sebastian, Florida (the "City"), as follows: ,
1. Grant of Franchise. The City hereby grants to
Indian River County, Florida (the "County"), the exclusive right
and privilege of maintaining, operating and expanding a sanitary
sewage collection, transmission, treatment and disposal system
(such system to include collection lines, pumping 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
necessary and appropriate thereto) for the purposes Of providing
adequate and sanitary sewage collection and disposal services, and
for the supplying of water, for sale within the the territories
hereinafter defined (the "Franchise"), all such territories being
within the incorporated limits of the City.
2. Territory. The geographic area to which this
Franchise shall be applicable is the entire area within the
incorporated limits of the City, excluding the areas in which the
City has previously granted franchises to furnish water or sewer
services to the extent thereof, (the "Franchise Territory").
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
Territory.
J. No Comoetinq Franchise. To the full extent
permitted by law, the City shall not allow, grant or authorize the
allowance or the granting of a competing franchise to furnish
water or sewer services to or within the Franchise Territory.
r4.
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 services to the Franchise Territory, or any part thereof, it
will make such additions and improvements to its system as are
necessary to provide adequate water and/or sewer services that
area.
rWithin
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:
IF
(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
Countv,shall be the responsibility of the owner;
(b) in the case of any other structure, except as
provided in (c) 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
(c) in 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
developer; provided, however, that the County may,
in its sole discretion, also require that the developer
first make provisions for the installation of a complete
sewage 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 sewage
collection and water distribution system 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 Count', 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 said 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
is inconsistent with any then existing comprehensive
land use plan, zoning ordinance, resolution, rule,
regulation or law of the County, of the City.or of the
State of Florida.
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5. License. To accomplish the proper performance of
any water and/or sewer services, the County is granted the
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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,
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along, over, under and across any City or public road, easement,
street, highway, ways, sidewalks, bridges or other City or public
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places which are within, adjacent to or in the vicinity of the
Franchise Territory. In so doing 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 damage or injury to such
private, City or public property, restoring same to a condition
comparable to that which existed prior thereto.
o. Term. This Franchise is for an initial period of
thirty (301 from
years the date of acceptance hereof, and is
subject to renewal upon agreement by the City and the County.
iii
7. Procedure for Determining 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
f1-
areas of the County.
7■
B. Miscellaneous. If any term, covenant, condition or
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provision hereof, or the application thereof to any person, entity
9■
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
j-
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Resolution shall be valid and enforceable to the fullest extent
permitted by law. Except as otherwise expressly provided herein,
Uthe
County shall have.the authority to promulgate such rules and
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regulations covering the conduct of its business as shall be
reasonably necessary 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 provision's 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
(68) 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 County 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.
i
ATTEST :�5 i ,�.. ?�7 .( �•....� iiv.`
,(?Ity Clerk
(CITY SEAL) /
CITY OF SEBASTIAN, FLORIDA
BQ.'� -
L. Gene Mavor
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I HEREBY CERTIFY that the foregoing RESOLUTION was duly
adopted by the City Council of the City of Sebastian, Florida, on
the 1'�'day of January, 1987.
n
City C1erJ
DATE: L!ti-ti n�.3 /�Iri'7
I
V Il ITr SCAL)
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APPROVED AS TO FbRM AND
LEGALLY�Y SSUFFICIENCY
BY
City Attorney
3 T`
ApPm,'�'d as '.o 11,11" ,
Cou:Gy r.d: CcY
ACCEPTED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY ON THE 3rd day of 'February 1987.
ATTEST:
Clerk,to the Count Co fission By: Don C. Scurloc L
-61 e Chairman
v (COUNTY SEAL)
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 Clerk
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r RESOLUTION R-87-7
A RESOLUTION OF THE CITY OF SEBASTIAN,
FLORIDA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT BY AND BETWEEN THE CITY AND INDIAN
RIVER COUNTY, FLORIDA, RELATING TO THE
PROVISION OF WATER AND/OR SEWER SERVICES TO
THE CITY BY THE COUNTY; APPROVING THE FORM
THEREOF; APPROVING THE EXECUTION THEREOF; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED by the City Council of City of
Sebastian, Florida, acting for and on behalf of City of
Sebastian, Florida (the "City"), as follows:
1. Approval. The City hereby approves the form and
substance of the Intergovernmental Agreement by and between the
ON City City and Indian River County, Florida (the "County"), a copy of
which is attached hereto, relating to the provision of water
�^ and/or sewer services to the City by the County.
2. Execution. The Mayor of the City is hereby
authorized to execute the Intergovernmental Agreement for and on
behalf of the City.
3. Effective Date. This Resolution shall take effect
immediately upon its adoption.
CITY OF SEBASTIAN, FLORIDA
7
ATTESTS
oft ity Clerk L, Ge Harris, Mayor
(SEAL)
n. I HEREBY CERTIFY that the foregoing RESOLUTION was duly
adopted by the City Council of the City of Sebastian, Florida, on
.. the /'/Ct'day of January, 1987.
City Clerk
777 Date: .,_.. -V3r
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: �l•
�+ City Attorney
s
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INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT, effective as of the last date of
execution hereof, is made by and between Indian River County, Florida (the
"County"), and the City of Sebastian, Florida (the "City").
T W I T N E S S E T H:
i WHEREAS, the County now provides collection, transmission, treatment
and disposal of sanitary sewage and distributes water in some of the
unincorporated areas within its territorial boundaries; and
i
WHEREAS, the City desires that the County provide such water and sewer
^ services to areas located within its incorporated limits; and
WHEREAS, the City has granted the County the exclusive right and
privilege of providing such water and sewer services to the County's Franchise
Territories located within the City's incorporated limits by Resolution R-87-6
of the City; and
I WHEREAS, the County and the City desire to enter into an
intergovernmental agreement which would provide for a more specific statement of
the rights and responsibilities of each in connection with the provision of such
water and sewer services.
NOW THEREFORE, the County and the City, each binding itself, its
successors and assigns, and each representing that it has proper legal authority
to enter into this Intergovernmental Agreement, and each intending to be bound
hereby, do mutually represent, covenant and agree as follows:
ARTICLE I
DEFINITIONS
SECTION 1.01 Defined Terms. When used in this Intergovernmental
Agreement, the following terms shall have the following meanings, unless the
Icontext clearly requires otherwise:
"Agreement" shall mean this Intergovernmental Agreement.
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"City" shall mean the City of Sebastian, Florida.
"County" shall mean Indian River County, Florida.
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"Franchise" shall mean the water and sewer services franchise granted
to the County by Resolution R-87-6 of the City.
"Impact Fees" shall mean any and all fees imposed by any ordinance in
order to offset a portion of the capital costs of anticipated new demand on the
ISystem.
"Project" shall mean the acquisition, construction, addition,
Iimprovement, oversizing, separating and equipping of the System to provide
Services within the City or any part thereof.
"Services" shall mean the collection, transmission, treatment and
disposal of sanitary sewage, and the distribution of water.
"Special Assessments" shall mean assessments levied upon the abutting,
adjoining, contiguous or other specially benefitted property in order to defray
77 all or a part of the costs of any Project.
"Special Assessments in Lieu of Impact Fees" shall mean assessments in
irlieu of impact fees levied upon property, with the consent of the property
owner.
` "System" shall mean the sanitary sewage collection, transmission,
treatment and disposal system (such system to include collection lines, pumping
stations, lift stations, force mains, manholes, sewage treatment plants and
11
other appurtenances necessary and appropriate thereto) of the County, together
with the water distribution system (such system to include water lines, wells,
pipes, pumps, treatment facilities and other appurtenances necessary and
appropriate thereto) of the County for the purposes of providing Services.
SECTION 1.02 Interpretations. Any reference herein to the County or
to the City or to any member or officer of either, includes entities or
officials succeeding to their respective functions, duties or responsibilities
pursuant to or by operation of law or lawfully performing their functions. All
"notices", "requests", or similar actions hereunder shall be in writing signed
by an authorized officer of the County or of the City, as the case may be.
Unless the context indicates otherwise, words importing the singular
number include the plural number, and vice versa; the terms "hereof", "hereby",
"herein", "hereto", "hereunder" and similar terms refer to this Agreement; and
the term "hereafter" means after, and the term "heretofore" means before, the
date of this Agreement. Words of any gender include the correlative words of
the other genders, unless the context indicates otherwise.
ARTICLE II
SECTION 2.01 Projects. The County and the City understand and agree
tt li that in order to provide the Services contemplated herein within the City, or
any part thereof, and by the Franchise, the County will have to make additions
and improvements to its existing System. The existing System and the System as
s
it exists after the completion of any or all Projects, are and shall continue to
be owned, operated and maintained solely by the County.
SECTION 2.02 Issuance of Bonds. The County and the City further
understand and agree that it may be necessary and desireable to provide for the
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issuance of bonds by the County to finance the costs of any Project undertaken
Ipursuant to this Agreement or the Franchise. The payment of the principal of,
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redemption premium, if any, and interest on such bonds shall be paid from funds
pledged for that purpose, including, but not limited to rates, charges and fees
° for the Services; Impact Fees; Special Assessments and Special Assessments in
1 Lieu of Impact Fees.
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ARTICLE III
FINANCIAL MATTERS AND COVENANTS
SECTION 3.01 Covenants of the City. At such time as the County
agrees to provide Services within the City, or any part thereof, pursuant to the
Franchise, the City covenants as follows:
(a) to enact, keep in force, enforce and otherwise maintain
ordinances or resolutions similar to those now or hereafter exacted by
the County relating to any and all mandatory connections, rates,
charges and fees for Services; Impact Fees; Special Assessments and
Special Assessments in Lieu of Impact Fees, at the request of the
County, and not to enact, keep in force, enforce or otherwise maintain
any other ordinances or resolutions with respect to Services provided
by the County within the City or any part thereof within the County's
Franchise Territory;
—4
(b) should any bonds be issued by the County to finance the costs of
any Project, to comply with and be bound by any representations,
covenants, agreements or pledges made by the County in connection with
the issuance of such bonds, as if such representations, covenants,
agreements and pledges had been made by the City, and to take any
action necessary to effect them;
(c) to diligently enforce its right to receive any and all rates,
charges, fees, Impact Fees, Special Assessments and Special
Assessments in Lieu of Impact Fees under any ordinance or resolution
of the City in connection with this Agreement;
(d) to be unconditionally and irrevocably obligated to diligently
take any lawful action necessary or required to collect such rates,
charges, fees, Impact Fees, Special Assessments and Special
Assessments in Lieu of Impact Fees, including, but not limited to
actions necessary or required to reduce the same to liens and to
enforce payment of such liens;
(e) to immediately pay over to the County any rates, charges, fees,
—4
SECTION 3.02 Covenants of the County. At such time as the County
agrees to provide Services within the City, or any part thereof, pursuant to the
Franchise, the County covenants as follows: ,
(a) to diligently proceed with any Project(s) with respect thereto;
(b) to construct, maintain, repair and operate the System with
respect thereto in good condition, repair and working order, and to
provide Services with respect thereto in an orderly and efricient
manner; and
(c) that at all times all rates, charges, fees charged by the County
for Services with respect thereto shall not exceed those charged by
the County in the unincorporated areas of the County.
Anything to the contrary contained herein notwithstanding, the County
shall not be under any obligation to provide services within the City or any
part thereof unless the County finds it economically feasible to do so.
ARTICLE
IV
MISCELLANEOUS
SECTION 4.01 Inspection of Books
Impact
Fees, Special Assessments
or Special Assessments in Lieu of
City, by a duly authorized representative,
Impact
Fees collected in
connection with this Agreement or provide for
direct
payment thereof to
the County, if so requested by the County;,
during business hours to inspect the books
and
other in order to
(f) to
take any and all
other actions necessary or desireable to
carry
out the purpose and
intent of this Agreement.
SECTION 3.02 Covenants of the County. At such time as the County
agrees to provide Services within the City, or any part thereof, pursuant to the
Franchise, the County covenants as follows: ,
(a) to diligently proceed with any Project(s) with respect thereto;
(b) to construct, maintain, repair and operate the System with
respect thereto in good condition, repair and working order, and to
provide Services with respect thereto in an orderly and efricient
manner; and
(c) that at all times all rates, charges, fees charged by the County
for Services with respect thereto shall not exceed those charged by
the County in the unincorporated areas of the County.
Anything to the contrary contained herein notwithstanding, the County
shall not be under any obligation to provide services within the City or any
part thereof unless the County finds it economically feasible to do so.
ascertain the compliance of the other with the provisions of this Agreement.
SECTION 4.02 Non -Waiver of Rights. The failure of either the County
or the City to insist upon strict performance of this Agreement or any of the
terms or conditions thereof shall not be construed as a waiver of any of its
�^ rights hereunder.
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ARTICLE
IV
MISCELLANEOUS
SECTION 4.01 Inspection of Books
and Records. The
County and the
City, by a duly authorized representative,
shall each have the
right at any time
during business hours to inspect the books
and records of the
other in order to
ascertain the compliance of the other with the provisions of this Agreement.
SECTION 4.02 Non -Waiver of Rights. The failure of either the County
or the City to insist upon strict performance of this Agreement or any of the
terms or conditions thereof shall not be construed as a waiver of any of its
�^ rights hereunder.
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there are no other representations or agreements, verbal or written other than
those contained herein. This Agreement may only be modified by an instrument in
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writing executed by both the County and the City.
SECTION 4.05 Severability. Should any one or more of the provisions
of this Agreement for any reason be held illegal, invalid or unenforceable, such
illegality, invalidity or unenforceability shall not affect any other provision
of this Agreement and this Agreement shall, in such circumstances, be construed
and enforced as if such illegal, invalid or unenforceable provision had not been
contained herein. A provision can be a single word or it can be an entire
section or more than one section for the purpose of interpreting this Section
4.05.
IN WITNESS WHEREOF, the County and the City have caused this Agreement
to be duly executed, effective as of the last day and year stated below:
ATTEST:
(SEAL)
Date of Execution: February 3, 1987
ATTEST:
(SEAL) ; 6
Date •of
Execut
City of Sebastian
By C�// ALJ
Indian River County
By: i C
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SECTION 4.03 Termination.
If no
Projects are undertaken within two
(2) years
after the effective date hereof,
this Agreement shall be null and -
void.
SECTION 4.04 Modification.
This
Agreement constitutes the entire
agreement
between the County and the
City as
to the subject matter hereof and
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there are no other representations or agreements, verbal or written other than
those contained herein. This Agreement may only be modified by an instrument in
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writing executed by both the County and the City.
SECTION 4.05 Severability. Should any one or more of the provisions
of this Agreement for any reason be held illegal, invalid or unenforceable, such
illegality, invalidity or unenforceability shall not affect any other provision
of this Agreement and this Agreement shall, in such circumstances, be construed
and enforced as if such illegal, invalid or unenforceable provision had not been
contained herein. A provision can be a single word or it can be an entire
section or more than one section for the purpose of interpreting this Section
4.05.
IN WITNESS WHEREOF, the County and the City have caused this Agreement
to be duly executed, effective as of the last day and year stated below:
ATTEST:
(SEAL)
Date of Execution: February 3, 1987
ATTEST:
(SEAL) ; 6
Date •of
Execut
City of Sebastian
By C�// ALJ
Indian River County
By: i C
RESOLUTION NO. R-87-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, APPROVING A CAPITAL PROJECT
CONSISTING OF THE ACQUISITION AND CONSTRUCTION OF
ALTERATIONS, EXTENSIONS AND ADDITIONS TO THE SANITARY
SEWAGE COLLECTION, TRANSMISSION, TREATMENT AND DISPOSAL
SYSTEM FACILITIES BY INDIAN RIVER COUNTY, FLORIDA,
WITHIN THE INCORPORATED LIMITS OF THE CITY, PURSUANT TO
PROVISIONS OF AN INTERGOVERMENTAL AGREEMENT AND
THE SEWER SERVICE FRANCHISE HERETOFORE GRANTED BY THE
CITY TO THE COUNTY; DETERMINING TO LEVY AND ASSESS
SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES AGAINST
CERTAIN PROPERTIES OF OWNERS CONSENTING THERETO;
PRESCRIBING THE MANNER OF SUCH CONSENT; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA (the "Council' and 'City', respectively) that:
SECTION 1. AUTHORITY FOR RESOLUTION.
This Resolution
is adopted pursuant to provisions of
Ordinance No. 0-87-01 of the City (the "Ordinance'), an
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Intergovernmental Agreement (the "Agreement'), by and between the
City and Indian River County, Florida (the 'County"), Resolution
No. R-87-6 of the Council, applicable provisions of Chapter 166,
Florida Statutes, the City Charter, and other applicable
16
provisions of law.
SECTION 2. FINDINGS.
It is found and determined that:
A. The City heretofore granted the County an exclusive
franchise with respect to sanitary sewer service in and for
certain areas within the incorporated limits of the City under
_
and pursuant to Resolution NO. R-87-6 of the Council.
B. It is advisable, desirable and in the best interest
T
of the City that the County undertake certain capital
improvements consisting
of the acquisition and construction of
alterations, extensions and additions to the sanitary sewage
collection, transmission, treatment and disposal system
facilities of the County, required to make sanitary sewer service
available to certain areas within the incorporated limits of the
City subject to the County's franchise, as more particularly
described in the plans and specifications on file with the County
(the "Project").
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C. The County has, by resolution duly adopted, approved
the Project.
D. Pursuant to the Agreement, the County has, by
resolution duly adopted, requested the City to adopt appropriate
resolutions levying and assessing Special Assessments in Lieu of
Impact Fees (individually, an "Assessment' and collectively the
"Assessments')
against certain properties within the incorporated
limits of the City to be serviced by the Project, the owners of
which properties have consented thereto in the manner hereinafter
set forth (the 'Assessed Properties").
E. It is in
the best interest of the City to levy and
assess the Assessments and that the Assessments be levied on the
basis of the number of Equivalent Residential Units ("ERUs")
attributable to the Assessed Properties.
SECTION 3. APPROVAL OF PROJECT.
The Project is hereby approved by the City.
SECTION 4. SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES.
The City shall assess the Assessments against the
Assessed Properties in accordance with the Ordinance. The
Assessments shall be assessed on the basis of the number of ERUs
attribuable to the Assessed Properties and shall be in an amount
per ERU equal to the amount per ERU of the special assessments in
lieu of impact fees assessed by the County in connection with its
project of which the Project is a part. The Assessments to be
levied against the Assessed Properties shall be paid in ten (10)
annual installments, together with interest at a rate equal to
the rate charged by the County on its aforesaid special
assessments in lieu of impact fees which rate shall not exceed
two percent (24) above the interest rate on the bonds to be
issued by the County in connection with the Assessments. I£ any
installation is not paid when due, the County on behalf of the
City or the City with the prior written consent of the County may
declare the entire outstanding amount of the Assessment together
with the accrued interest thereon and an appropriate interest and
/or prepayment charge, immediately due and payable. Any
2
Assessment or installment
thereof not paid when due shall be
subject to a penalty at the rate of one percent (18) per month or
It
portion thereof until paid. The entire outstanding amount of any
Assessment may be prepaid at any time provided that the accrued
interest thereon and an appropriate interest and /or prepayment
charge is paid together therewith. The Assessments shall be
levied against the Assessed Properties on the basis of the
number of ERUs assigned to and reserved for each of the Assessed
ILProperties.
The lien upon an Assessed Property resulting from the
Assessment thereon shall be extinguished upon the recording in
the Official Records of the County of an affidavit executed by
the Mayor of the City and the Chairman of the Board of County
Commissioners of the County to the effect that such Assessment
has been in
paid full or that sufficient security has been
deposited with the County on behalf of the City or with the City
with the written
prior consent of the County in order to insure
timely payment of the amount of such Assessment. The lien upon an
Assessed Property resulting from the Assessment thereon shall be
extinguished as to a portion or portions of such Assessed
Property upon payment of a portion of the outstanding amount of
the Assessment upon such Assessed Property together with the
Iaccrued
interest thereon and an appropriate interest and/or
prepayment charge, such portion to be determined by the County on
behalf of the City or by the City with the prior written consent
of the County in its or their as applicable sole discretion which
shall be at least pro rata based upon fair market values as
established by appraisals acceptable to the County or the City
and the County as applicable, or upon sufficient security
therefor being deposited with the County on behalf of the City or
the City with the prior written consent of the County, in either
case followed by the recording in the Official Records of the
County of an affidavit executed by the Mayor of the City and the
IChairman
of the Board
of County Commissioners of the County to
such effect and describing in sufficient detail the portion or
portions of the Assessed Property as to which such lien is
extinguished.
3
SECTION 5. IMPACT FEES NOT TO BE IMPOSED ON PROPERTIES
_
PAYING ASSESSMENTS.
An "Impact Fee", as that phrase is defined in the
Ordinance, shall not be imposed on the Assessed Properties. The
term Assessed Properties shall only include properties the owners
of which have given their written consent to the imposition of
the Assements in accordance herewith.
SECTION 6. COLLECTION OF ASSESSMENTS.
In lieu of the provisions for collection of the
Assessments, as finally determined and adjusted, and all
installments thereof and interest thereon set forth in the
Ordinance, the City intends to use the method of collection
provided for under Section 197.363, Florida Statutes (1985), as
amended, and.to take all steps necessary in order to do so.
SECTION 7. ACKNOWLEDGMENT OF CITY.
The City acknowledges that the acquisition and
construction
of the Project by the County will benefit the City
and that the County is relying on the Assessments, the interest
thereon and the charges
and penalties in connection therewith in
general and in connection with certain bonds to be issued by the
County. Accordingly, the City acknowledges the interest of the
County in the Assessments and the interest thereon and the
charges and penalties in connection therewith and convenants to
cooperate with and assist the County in connection therewith and
with the intents and purposes of the Ordinance, the Agreement,
Resolution No. R-87-6 of the City, this resolution and any other
resolutions of the City in connection with the Assessments. In
addition, the City hereby authorizes the County to act in good
faith on its behalf in connection with the Assessments as
specifically provided herein and otherwise.
SECTION S. PUBLICATION OF RESOLUTION.
.� The City Clerk is directed to cause this Resolution to
be published one time in a newspaper of general circulation in
the County.
4
SECTION 9. MANNER OF CONSENT.
Any owner of real property constituting one of the
Assessed Properties shall evidence its consent to the imposition
of an Assessment by completing the consent form hereinafter
provided for.
The Wastewater Reservation and consent to Special
Assessment (the "Consent*) shall be substantially in the form
attached hereto with such additions, deletions and changes
as may
be appropriate, the use by the City of such Consents in
connection with the assessments to constitute conclusive evidence
of the appropriateness thereof. All Consents shall be recorded in
the Official Records of the County.
f
In appropriate cases, the County on behalf of the City
or the City with the prior written consent of the County may
require the owner of a property to be assessed to agree to
rprovide
keep
and in full force a letter of credit or other
security, in form and substance acceptable to the County or the
City and the County as applicable, with respect to the payment of
such Assessment, prior to permitting such owner to consent to the
rimposition
of such Assessment. In the event that such owner fails
to timely so provide such letter of credit or other security,
Jr
said consent shall be deemed null and void and of no force or
effect. In the event that it appears at any time that any such
rletter
of credit or other security is not going to be renewed,
replaced or otherwise kept in force, the County on behalf of the
City or the City with the prior written consent of the County,
within a reasonable period of time prior to the termination of
r
such letter of credit or other security, may declare the entire
outstanding amount of the corresponding Assessment, together with
the accrued interest thereon and an appropriate interest and/or
Irprepayment
charge, immediately due and payable and may draw on or
otherwise collect upon such letter of credit or other security to
rsatisfy
such Assessment. The letter of credit shall be
substantially in the form attached hereto with such additions,
I`
i1r
deletions and changes as may be appropriate, the acceptance
thereof by the appropriate officials of the County or the city
■
5
and the County as appropriate to constitute conclusive evidence
of the appropriateness thereof.
SECTION 10. MISCELLANEOUS. The appropriate officials
of the City are hereby authorized to take all actions necessary
and/or desirable in connection with this Resolution.
SECTION 11. EFFECTIVE DATE.
This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
councilman nneirn. . The motion was seconded by
Councilman _ EDfCd, J+%4 and, upon being pVt to a vote,
the vote was as follows;
Mayor L. Gene Harris 4E.S
Vice Mayor Kenneth Roth (c+w�e.p• g65encF
Councilman Peter Vallone _yrs
Councilman Robert McCarthy —aj
Councilman George Metcalf YF -1
The Mayor thereupon declared the Resolution duly passed
and adopted this /Gro
day of '
, 1987.
CITY OF SEBASTIAN, FLORIDA
By:
��,,,,//// L• ene Harris, Mayor
Attest: `tt(6, n,,�✓� �m�
^ Kath n M. O'Halloran, City Clerk
^ ( SEAL )
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By: / C
^ _ Thomas C. Palmer, Esquire
City Attorney
C
PROPERTY OWNER'S NAME:
PROPERTY OWNER'S MAILING ADDRESS: —
PROPERTY CONTROL NUMBER:
PROPERTY LOCATION: (Unincorno s d area _Q,� Sebastian)
NUMBER OF ERUS RESERVED:
SPECIAL ASSESSMENT AMOUNT:
LEGAL DESCRIPTION OF THE PROPERTY:
is M • .I 1 1 . a, V.
i'
WASTEWATER CAPACITY RESERVATION
an
AND
CONSENT TO SPECIAL ASSESSMENT
Reference is made to the information at the top of this
page. The Undersigned, the owner of the Property described above,
hereby irrevocably consents to the imposition by the City of a
special assessment in lieu of impact fees in the amount set forth
above (the "Special Assessment"). The payment of the Special
Assessment together with the interest thereon and the charges in
connection therewith will be secured by a lien against the
Property. The Special Assessment is imposed in connection with
the reservation for the Property by the County of the number of
equivalent residential units ("ERUs") set forth Above of
riwastewater
treatment plant and transmission capacity. The City,
by Resolution R-87-6, has granted an exclusive franchise to the
County to acquire, construct, operate and maintain a sanitary
sewage collection, transmission, treatment and disposal system
within certain areas within the incorporated limits of the City.
SECTION "A" of the Master Capacity Reservation and
Consent to Special Assessment recorded in Official Record Book
, Page of the Public Records of Indian
River
County, Florida is incorporated herein
by reference and made a
part hereof
IN WITNESS WHEREOF, the County has caused this
instrument to be executed as of the day of
1987.
INDIAN RIVER COUNTY, FLORIDA
By:
Terrance G. Pinto, Director
Departmant of Utility Services
By:
Charles P. Balczun
ImACKNOWLEDGED
County Administrator
this day of
1987.
Notary Public
My Commission Expires:
(SEAL)
CONTTNOFD DR = NEXT PAGr
ri 7
SECTION •B• of the aforesaid Master Capacity
Reservation and Consent to Special Assessment is incorporated
herein by reference and made a part hereof.
This instrument shall not be legally binding until
fully executed by the County and the owner of the Property.
IN WITNESS WHEREOF, the owner of the Property has
executed or caused to be executed this instrument, intending to be
legally bound, as of the day of ,
1987.
� : • � � � 7A+lIJS� )' 053V11911NA i„Ian : FY1
As to both, if applicable
As to both, if applicable
N ; �. • it l N� QZ161I :No0& I TIN2ic
8
(Signature of Owner)
(Signature of Owner)
ACKNOWLEDGED this day of
1987.
Notary Public
My Commission Expires:
(SEAL)
(Name of entity)
Bv:
Title:
(SEAL)
ACKNOWLEDGED this day of
1987.
Notary Public
My Commission Expires:
(SEAL)
F
INDIAN RIVER COUNTY, FLORIDA (the 'County'), hereby
reserves the number of equivalent residential units ("EROS") set
forth above of wastewater treatment plant and transmission capacity,
as defined in County Ordinance 84-18, as now or hereafter amended
and supplemented (the "Reserved ERUs'), for the property described
above ( the "Property"), under the terms and conditions set forth
herein and subject to the policies and practices of the County and
its Division of Utility Services (the 'Utility Diviaipn') of general
application with respect to the reservation of wastewater
treatment plant and transmission capacity in the County now or
hereafter established.
Terms and Conditions
1. The County plans to construct certain wastewater
treatment plant and transmission facilities in accordance with
plans and specifications on file with the Utility Division (the
"Project"). The County will use its best efforts to complete the
Project by August, 1989, but does not guarantee such completion
date and will not be responsible for construction delays.
Further, the County does not guarantee that wastewater service will
be available to the Property upon completion of the Project. The
availability of wastewater service may require the construction of
additional transmission lines, laterals and other facilities as well
as facilities to connect the plumbing systems on the Property to
the County's wastewater system. Construction of any such
additional facilities by the County may require further special
assessments against the Property and/or other costs to the
Property owner. No representation is made regarding the dates'on
which condtruction of any such additional facilities will be
commenced or completed. The Property owner should examine the
Project plans to determine the nature and amount of additional
facilities which will be required before wastewater service will
be available to the Property. The County expects to be able to
have and will use its best efforts to have wastewater treatment
plant capacity available for the Reserved ERUs when service is
desired by the Property owner and otherwise available. If the
County does not have such capacity available within a reasonable
period of time after such date, the Property owner, at any time
thereafter prior to such capacity becoming available, shall have
the right to cancel the reservation for the Reserved ERUs by written
notice thereof to the County. Such cancellation shall not be effective
until a written instrument so indicating has been recorded by the
County in the public records of the County. Such cancellation
shall not affect the Special Assessment, as hereinafter defined,
in any manner whatsoever, including without limitation, the terms
of payment thereof. In the event of such cancellation the County
hereby agrees to pay within six (6) months after the due date of
the last regularly scheduled installment of the Special
Assessment, regardless of any prepayment, to the owner of the
Property as of the date of such payment an amount equal to the
Special Assessment paid plus all interest paid thereon. The
foregoing right of cancellation shall be the sole and exclusive
remedy of the owner of the Property against the County in the
event that such capacity is not so available. In no event shall
the owner of the Property have the right not to pay the Special
Assessment.
This reservation runs with the land and may not at
IQ jX Ugpn ONLY IR CONNECTION WITH PROPERTIES
SITUATE WITHIN ME INCORPORATED LIMITS DE
�$ CITY DE SEBASTIAN. FLORIDA
MASTER
WASTEWATER CAPACITY RESERVATION
AND
CONSENT TO SPECIAL ASSESSMENT
SECTION A
INDIAN RIVER COUNTY, FLORIDA (the 'County'), hereby
reserves the number of equivalent residential units ("EROS") set
forth above of wastewater treatment plant and transmission capacity,
as defined in County Ordinance 84-18, as now or hereafter amended
and supplemented (the "Reserved ERUs'), for the property described
above ( the "Property"), under the terms and conditions set forth
herein and subject to the policies and practices of the County and
its Division of Utility Services (the 'Utility Diviaipn') of general
application with respect to the reservation of wastewater
treatment plant and transmission capacity in the County now or
hereafter established.
Terms and Conditions
1. The County plans to construct certain wastewater
treatment plant and transmission facilities in accordance with
plans and specifications on file with the Utility Division (the
"Project"). The County will use its best efforts to complete the
Project by August, 1989, but does not guarantee such completion
date and will not be responsible for construction delays.
Further, the County does not guarantee that wastewater service will
be available to the Property upon completion of the Project. The
availability of wastewater service may require the construction of
additional transmission lines, laterals and other facilities as well
as facilities to connect the plumbing systems on the Property to
the County's wastewater system. Construction of any such
additional facilities by the County may require further special
assessments against the Property and/or other costs to the
Property owner. No representation is made regarding the dates'on
which condtruction of any such additional facilities will be
commenced or completed. The Property owner should examine the
Project plans to determine the nature and amount of additional
facilities which will be required before wastewater service will
be available to the Property. The County expects to be able to
have and will use its best efforts to have wastewater treatment
plant capacity available for the Reserved ERUs when service is
desired by the Property owner and otherwise available. If the
County does not have such capacity available within a reasonable
period of time after such date, the Property owner, at any time
thereafter prior to such capacity becoming available, shall have
the right to cancel the reservation for the Reserved ERUs by written
notice thereof to the County. Such cancellation shall not be effective
until a written instrument so indicating has been recorded by the
County in the public records of the County. Such cancellation
shall not affect the Special Assessment, as hereinafter defined,
in any manner whatsoever, including without limitation, the terms
of payment thereof. In the event of such cancellation the County
hereby agrees to pay within six (6) months after the due date of
the last regularly scheduled installment of the Special
Assessment, regardless of any prepayment, to the owner of the
Property as of the date of such payment an amount equal to the
Special Assessment paid plus all interest paid thereon. The
foregoing right of cancellation shall be the sole and exclusive
remedy of the owner of the Property against the County in the
event that such capacity is not so available. In no event shall
the owner of the Property have the right not to pay the Special
Assessment.
This reservation runs with the land and may not at
any time be sold, transferred, or assigned by the Property owner,
except to the County with its written consent or in connection
with the sale of fee simple title to the Property.
3. If the entire Reserved ERUs are not reasonably
expected to be needed for the Property, the County may reclaim
the excess ERUs (the "Excess ERUs") for resale by written
instrument, the original of which shall be recorded in the public
records of the County and a copy of which shall be sent to the
Property owner. Upon receipt of payment for the Excess ERUs and
any impact fees and special assessments in connection therewith
by the County from the purchaser of the Excess ERUs, the County
shall refund to the owner of the property as of the date the
Excess ERUs were reclaimed an amount equal to the amount paid
prior to the date the Excess ERUs were reclaimed for the Excess
ERUs and any impact fees and special assessments in connection
therewith, exclusive of interest and costs associated therewith;
provided, however, that the County's obligation to make such
refund shall be limited to the amount received from such resale.
The County will be under no obligation to find a purchaser for
the excess ERUs. Any amounts received by the County from the
purchaser of the Excess ERUs in excess of the amount refunded shall
belong to the County.
4. Commencing with the first month following
completion of the Project, the Property owner will be required to
pay monthly base facilities charges established by the County. In
the event the base facilities charge with respect to any unused
Reserved ERUs is not paid within 30 days after becoming due and
payable and after demand of the County, such unused Reserved ERUs
may be reclaimed by the County in the manner set forth in
paragraph 3 and the County shall be entitled to resell such
unused Reserved ERUs. Upon any such resale, the County shall make
a refund in the amount and manner set forth in paragraph 3,
provided that the County shall deduct from the refund the amount
of monthly base facilities charges due and accruing to the date
of the resale of the unused Reserved ERUs.
5. It is expressly understood and agreed that one of
the purposes of this instrument is to prohibit speculation in
wastewater treatment plant and transmission capacity.
6. The City shall not be liable in any manner
whatsoever in connection herewith.
THE UNDERSIGNED, the owner of the Property defined
above, for himself and his heirs, executors, personal
representatives, successors and assigns, for value received,
hereby irrevocably agrees to the foregoing and, pursuant to City
ordinance 0-87-01, as amended and supplemented, further
irrevocably consents to the imposition of a special assessment in
lieu of impact fees with respect to the Property in the amount
set forth above (the 'Special Assessment") and agrees to the
terms and conditions thereof as set forth in said ordinance and
the Resolutions of the City now or hereafter adopted pursuant
thereto. The Special Assessment shall be payable in ten (10)
annual installments together with interest on the outstanding
amount thereof at a rate not to exceed two percent (28) above the
interest rate on the bonds to be issued by the County in
connection with the Special Assessment. The entire outstanding
amount of the Special Assessment may be prepaid at any time
provided the accrued interest thereon and an appropriate interest
and/or prepayment charge is paid together therewith. It is
understood and agreed that failure to pay the Special Assessment,
interest thereon or any other charge appurtenant thereto may
result in foreclosure and loss of title to the Property.
10
the outstandingThe Specialownererty of
ecialAssessmentemay9beeincreasedebymthetCity
in connection with the refunding of any issue of outstanding
bonds of the County secured by a pledge of the Special Assessment
by written instrument, the original of which shall be recorded in
the public recordes of the County and a copy of which shall be
sent to the Property owner; provided that the amount of the outstanding
Special Assessment and the interest to be paid thereon thereafter
is no greater than that which would have been payable without
such increase.
L
I
IL
tL
rI
L
TQ EE USEQ ONLY IN CONNECTION WITH PROPERTIES
SITUATE WITHIN =E INCORPORATED LIMITS DZ
ME CITY'DE SEBASTIAN. FLORIDA
IL(Letterhead
of Bank)
IRREVOCABLE LETTER OF CREDIT NO.
(Date)
a
Indian River County, Florida City of Sebastiad, Florida
OL
1840 25th Street P.O. Box 780127
Vero Beach, Florida 32960 Sebastian, Florida 32978
Attention: Director of Budget Attention: Mayor
ILand
Management
Dear Sire: .
IL1.
At the request of and for the account of (name and
address of property owner) (the 'Property Owner'), we'hereby
establish in your favor, in connection with the ppecial
assessment in lieu of impact fees imposed upon certain real
IL
property legal title to which is held by the Property Owner by
resolution of the City adopted (the •Special
Assessment"), our Irrevocable Letter of Credit No.
(the 'Letter of Credit") in the amount of $ (as
more fully described below), effective
and expiring at 5:00 p.m. on
or, if such day is not a Business Day,
on the next auceeding Business Day (the "Stated Expiration
Date'), unless, at our option, we deliver to you a written
amendment signed by an authorized signer (specifically referring
to (name of Bank) Irrevocable Letter of Credit No. )
extending the Stated Expiration Date to the date set forth in
such amendment, in which case this Letter of Credit shall expire
on such extended Stated Expiration Date unless further extended,
it being understood that we shall be under no obligation to grant
any such extension. This Letter of Credit is subject to automatic
termination as provided in paragraph 5 hereof.
2. We hereby irrevocably authorize you to draw on us
in accordance with the terms and conditions hereinafter set
forth, by one draft on us, an amount not exceeding
Dollars ($ )
(the "Letter of Credit Amount*).
3. Funds under this Letter of Credit are available to
you at the time specified below in one drawing by your draft
dated the date of its presentation, stating on its face: "Drawn
under (name of Bank) Irrevocable Letter of Credit No.
certifying that the Property Owner is in default in payment of
the Special Assessment, stating the amount drawn and stating your
payment instructions. Such draft shall be presented to us at
.. or such other place in the State
of Florida as we may hereafter designate by written notice to you
and shall be made in the form of a letter to us on your
Ir
letterhead manually signed by an appropriate official of the
County or the City. Upon presentation of your draft, all in
strict conformity with the terms and conditions hereof, we will
honor the same in accordance with your payment instructions on
12
13
!..
the later of (i) the second Business Day immediately following
iii
the Business Day on which you present to us your draft or the
value date set forth in your draft.
4. As used herein the term 'Busineas Day' means any
day other than (i) a Saturday or Sunday, (ii) a day on which
banking institutions in the State of Florida are required or
authorized by law (including executive order) to close, or (iii)
a day on which the New York Stock Exchange is closed. References
to any time of day in this Letter of Credit shall refer to Eastern
standard time or Eastern daylight saving time, as in effect in
Indian River County, Florida on such day.
5. This Letter of Credit shall automatically terminate
iii
upon the first to occur of: (a) the Stated Expiration Date (as
such date may have been extended), (b) the date on which we
receive a certificate from you terminating this Letter of Credit,
(c) the fifth Business Day following the date on which you
receive written notice from us stating that an Event of Default
has occurred under the reimbursement Agreement dated as of
between the Property Owner and us,( the
*Reimbursement Agreement') and directing you to make a draw under
this Letter of Credit, or (d) the date on which the draft
provided for hereunder is honored. This Letter of Credit shall
be promptly surrendered to us by you upon such termination.
6. Only the County or the City may make 'a drawing under
this Letter of Credit. Any drawing hereunder by the County shall
be on behalf of the City and any drawing hereunder by the City
a
shall require the prior written consent of the County. Upon the
payment to the County or the City or to either of their accounts
of the amount specified in a draft drawn hereunder, we shall be
fully discharged on our obligation under this Letter of Credit,
and we shall not thereafter be obligated to make,any further
payments under this Letter of Credit.
7. This Letter of Credit sets forth in full the terms
of our undertaking, and this undertaking shall not in any way be
modified, amended, amplified or limited by reference to any
document, instrument or agreement referred to herein or to which
this Letter of Credit relates, except only the draft referredto
herein; and any such reference shall not be deemed to incorporate
herein by reference any document, instrument or agreement, except
such draft. The draft referred to herein that is presented to us
shall become an integral part of this Letter of Credit.
S. This Letter of Credit is subject to the provisions
of the Uniform Customs and Practice for Documentary Credits, 1983
Revision, International Chamber of Commerce Publication No. 400
(the •UCP') other than Article 54 (e) thereof. This Letter of
IL
Credit shall be deemed a contract made under the laws of the
State of Florida and shall, as to matters not governed by the
UCP, be governed and construed in accordance with the laws of the
State of Florida, without regard to principles of conflicts of
law.
Very truly
yours,
(NAME OF BANK)
I
By:
.,im
Title:
13
es
MAY 22 '91 14:26 407 589 5570
00
P. 52/67
RESOLUTION NO. R-89-07
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO SPECIAL ASSESSMENTS FOR
SEWER CONSTRUCTION; FIXING THE DATE, TIME AND PLACE FOR
A PUBLIC HEARING TO HEAR AND CONSIDER ANY AND ALL
COMPLAINTS AS TO A SANITARY SEWER PROJECT TO BE
CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA, WITHIN THE
INCORPORATED LIMITS OF THE CITY AND THE SPECIAL
ASSESSMENTS IN LIEU OF IMPACT FEES TO BE ASSESSED IN
CONNECTION HEREWITH; PROVIDING FOR NOTICE THEREOF;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. This Resolution is adopted pursuant to
provisions of Ordinance No. 0-87-01 of the City (the
"Ordinance"), and Intergovernmental Agreement (the "Agreement"),
ON
by and between the City and Indian River County, Florida (the
"County"), Resolution No. R-87-6 of the Council, applicable
provisions of Chapter 166, Florida Statutes (1988), as amended,
■e
the City Charter, and other applicable provisions of law.
SECTION 2. It is hereby found and determined as follows
Me
that:
A. By Resolution No. R-87-85, the Council, among other
PR
things, approved certain sanitary sewer improvements to be
constructed by the County, within the incorporated limits of the
City, and subject to the exclusive franchise heretofore granted
on
to the County (the "Project"), and determined to assess Special
Assessments in Lieu of Impact Fees ("Assessments") against
certain properties situate in the City to be serviced by the
Project.
B. Said Resolution of the Council has been duly
published by the City Clerk one time in a newspaper of general
circulation published in the County, as provided therein.
FR
C. An assessment plat and an assessment roll with
respect to the Assessments have been duly prepared and are
ss
attached hereto and made a part hereof.
D. Under Ordinance No. 0-87-01, a public hearing is
required to hear and consider any and all complaints as to the
Project and the Assessments and the requisite notice thereof is
required to be given to affected property owners and other
interested persons.
��
I
We
MAY 22 791 14:26 407 cog 5570
nn
P. 53/67
property to be assessed Special Assessments in Lieu of Impact Fee
("Assessments") and any other interested persons. The City has
approved certain improvements which consist of the acquisition
and construction of alterations, extensions and additions to the
sanitary sewage collection, transmission, treatment and disposal
system facilities of Indian River County, Florida (the "County"),
within the incorporated limits of the City, more particularly
described in plans and specifications on file with the County
(the "Project"). The Assessments being made in connection with
2 53
SECTION 3. The assessment plat and the assessment roll
shall be open to inspection by the public at the office of the
City Clerk each weekday between 8:00 A.M. and 4:30 P.M.
SECTION 4. The 22nd day of February, 1989, at 7:00 P.M. at
e.
the City Council Chambers, in Sebastian, Indian River County,
Florida, is fixed as the date, time and place of a meeting of the
Council at which the owners of the properties to be assessed and
other interested persons may appear before the Council and be
heard as to any and all complaints as to the Project or the
Assessments. The properties to be assessed are more fully
described upon the assessment plat and in the assessment roll.
SECTION 5. The City Clerk is directed to cause a notice of
the date, time and place of said public hearing to be given by
regular first class mail, at least ten (10) days prior to such
public hearing, to the owner of each property to be assessed at
his last known address obtained from the records of the property
appraiser and to cause to be published in a newspaper of general
circulation in the City, two (2) publications a week apart, the
final publication being at least one (1) week prior to the date
of the public hearing. Such notice shall be in substantially the
e•
following form:
NOTICE OF PUBLIC HEARING
CITY OF SEBASTIAN, FLORIDA
TO: ALL INTERESTED PARTIES
NOTICE IS HEREBY GIVEN that the City Council of the City of
Sebastian, Indian River County, Florida (the "Council" and "City"
respectively) will meet an February 22, 1989 at 7:00 P.M. in the
City Council Chambers, in Sebastian, Indian River County,
Florida, to hear any and all complaints of those owners of
property to be assessed Special Assessments in Lieu of Impact Fee
("Assessments") and any other interested persons. The City has
approved certain improvements which consist of the acquisition
and construction of alterations, extensions and additions to the
sanitary sewage collection, transmission, treatment and disposal
system facilities of Indian River County, Florida (the "County"),
within the incorporated limits of the City, more particularly
described in plans and specifications on file with the County
(the "Project"). The Assessments being made in connection with
2 53
^
MAY 22 '91 14:27 107 523 5-0
P. 54/67
and the Assessments. After due consideration of any such
.., complaints, the Council may take any action it finds to be right
the Project, are being made only with the written consent of the
owners of the properties to be assessed and are in lieu of the
impact fees otherwise imposed by the City.
A description of each property to be assessed and the amount
to be assessed to each property may be ascertained at the office
of the City Clerk.
^
The Assessments shall be paid in ten (10) equal annual
installments together with interest at a rate not to exceed two
We
percent (2$) above the interest rate on bonds to be issued by the
County in connection with the Assessments. If any installment is
not paid when due, the entire outstanding amount of the
OR
Assessment, together with the accrued interest thereon and an
appropriate interest and/or prepayment charge, may be declared
^
immediatelydue and payable. Any Assessment or installment
thereof not paid when due shall be subject to a penalty at the
rate of one percent (It) per month or portion thereof until paid.
The entire outstanding amount of any Assessment may be prepaid at
any time provided that the accrued interest thereon and an
^
appropriate interest and/or prepayment charge is paid together
therewith. The Assessments shall be levied against the
We
properties to be assessed on the basis of the number of
Equivalent Residential Units (ERUs) assigned to and reserved for
each such property. Any lien upon an assessed property resulting
from an Assessment shall be extinguished upon the recording in
the Official Records of the County an affidavit or affidavits
^
executed by appropriate officials of the City and the County to
the effect that the applicable Assessment has been paid in full
^
or that sufficient security has been deposited with the City or
the County, as applicable, in order to insure timely payment of
^
such Assessment. In appropriate cases, particularly for large
properties, letters of credit or other security may be required
in order to secure payment of the Assessment with respect to the
property.
At the above named date, time and place, the Council will
receive any complaints of interested persons as to the Project
and the Assessments. After due consideration of any such
.., complaints, the Council may take any action it finds to be right
OR
OW
M
We
ew
WE
M
i1RY 22 '91 14:27 407 559 5570 P. 55/67
with respect to the Project and the Assessments.
Dated this day of , 1989.
CITY
OF SEBASTIAN, FLORIDA
By:
ATTEST: '/LetiG.�rG /-1. Yela.rt�
Richard B. Votapka, Mayor
KatnrVh M. O'Halloran, CMC/AAE
City Clerk
SECTION 6. Mailing of said notice shall be proved by
affidavit of the person depositing said notice with the U.S.
Postal Service. The affidavit shall be filed in the Office of
the City Clark. Publication of said notice shall be proved by
affidavit of the publisher filed in the Office of the City Clerk.
SECTION 7. All resolutions or parts of resolutions in
conflict herewith are hereby repealed.
SECTION 8. This Resolution shall take effect immediately
upon final passage.
The foregoing Resolution was moved for adoption by
Councilman 1/LG&X-s The motion was seconded by
Councilman and, upon being put to a vote,
the vote was as follows:
Mayor Richard B. Votapka
Vice Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy IL
Councilman George Metcalf
The Mayor ��7thereupon declared this Resolution duly passed and
adopted this asi—A day of , 1989.
CITY QF
SEBASSTIAN,-. FLORIDA
By:_//� YIp�
RSChard B. Votapka, Mayor
�ATTEST:
Kath M. O'Halloran, CMC/AAE
City Clark
(SEAL)
se
Approved as to//Form and Legal Sufficiency:
Ie
Ch a Ian Nash, Esquire
City Attorney
^ RESOLUTION NO. R-89-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING AND
CONFIRMING THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT
FEES TO BE ASSESSED IN CONNECTION WITH A SANITARY SEWER
PROJECT TO BE CONSTRUCTED BY INDIAN RIVER COUNTY,
FLORIDA, WITHIN THE INCORPORATED LIMITS OF THE CITY;
PROVIDING FOR AN ASSESSMENT LIEN WITH RESPECT THERETO
TO BE MADE OF RECORD; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA (the "Council" and "City",
respectively) that:
SECTION 1. This resolution is adopted a pursuant to
provisions of Ordinance No. 0-87-01 of the City (the
"Ordinance"), an Intergovernmental Agreement (the "Agreement"),
by and between the City and Indian River County, Florida (the
"County"), Resolution No. R-87-06 of the Council, applicable
provisions of Chapter 166, Florida Statutes (1988), as amended,
the City Charter, and other applicable provisions of law.
SECTION 2. It is hereby found and deteimined as follows
that:
A. By Resolution No. 87-85, the Council, among other
things, approved certain sanitary sewer improvements to be
constructed by the County, within the Incorporated limits of the
City, and subject to the exclusive franchise heretofore granted
to the County (the "Project"), and determined to assess Special
Assessments in Lieu of Impact Fees ("Assessments") against
certain properties situate in the City to be serviced by the
Project.
B. The Council passed Resolution No. R-89-07 on January 25,
'— 1989 which set the time and place for the public hearing at which
the owners of properties to be assessed and other interested
persons will have the chance to be heard as to any and all
complaints as to the Project and the Assessments and for the
—. Council to act as provided in Section 4.03 of the Ordinance.
C. Notice of the time and place of the public hearing was
published in the Press Journal on February 6, 1989 and February
13, 1989 (twice one week apart, the last being at least one week
prior to the hearing) as required by Section 4.02 of the
1
Ordinance.
D. The owners of the properties to be assessed were given
notice of the time and place of the public meeting by regular
first class mail on February 3, 1989 (at least ten days prior
to the hearing) as required by Section 4.02 of the Ordinance.
E. The Council on February 22, 1989 at 7:00 p.m. conducted
the public hearing and duly considered any and all complaints
made as to the Project and/or Assessments.
SECTION 3. The Assessments shown on the attached assessment
roll are hereby approved and confirmed and shall remain legal,
valid and binding first liens against the properties assessed
^ until paid in full.
SECTION 4. The City Clerk is hereby directed to record the
Assessments in the appropriate lien book of the City which shall
constitute prima facie evidence of the validity of the
Assessments.
SECTION 5. All resolutions or parte of resolutions in
conflict herewith are repealed.
SECTION 6. This resolution shall take effect immediately
upon its adoption.
The foregoing Resolution was moved for adoption by
Conuncilman 1/fl.UX1 r The motion was seconded by Councilman
and, upon being put to a vote, the vote was as
follows:
Mayor Richard B. Votapka
Vice Mayor Kenneth Roth
Councilman Peter Vallone
Councilman Robert McCarthy
Councilman George Metcalf
The Mayor thereupon declared the Resolution duly passed and
adopted this 9.7rLd day of //BAS/ 1989.
CITY OP EBASTZAN, FLORIDA
By.
r1 Mayor Richard B. Votapka
^
Kathryrf M. O'Halloran
City Clerk
(SEAL)
Approve a to Form an/ d Legal Sufficiency:
Charles I. Nash
\
City Attorney
I
RESOLUTION NO. R-89-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ASSESSING,
APPROVING AND CONFIRMING CERTAIN SUPPLEMENTAL
SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES IN
CONNECTION WITH A SANITARY SEWER PROJECT TO BE
CONSTRUCTED BY INDIAN RIVER COUNTY, FLORIDA, WITHIN
THE INCORPORATED LIMITS OF THE CITY; PROVIDING FOR
AN ASSESSMENT LIEN WITH RESPECT THERETO TO BE MADE
OF RECORD; PROVIDING CERTAIN TERMS WITH REGARD TO
THE SPECIAL ASSESSMENTS IN LIEU OF IMPACT FEES
APPROVED AND CONFIRMED BY RESOLUTION NO. R-89-12
AND THE SUPPLEMENTAL SPECIAL ASSESSMENTS MADE
HEREUNDER; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA (the "Council" and "City", respectively) that:
SECTION 1. This resolution is adopted pursuant to and in
connection with Ordinance No. 0-87-01 of the City (the
"Ordinance"), the Intergovernmental Agreement (the "Agreement"),
by and between the City and Indian River County, Florida (the
"County"), Resolution No. R-87-6 of the Council, applicable
provisions of Chapter 166, Florida Statutes (Supp. 1988), as
amended, the City Charter, and other applicable provisions of
law.
SECTION 2. It is hereby found and determined as follows
that:
A. By Resolution No. R-87-85, the Council, inter alia,
approved certain sanitary sewer improvements to be constructed by
the County within the incorporated limits of the City pursuant to
the Agreement and the exclusive franchise heretofore granted to
N
the County (the "Project").
B. By Resolution No. R-89-12 the Council approved and
confirmed certain Special Assessments in Lieu of Impact Fees
("Special Assessments") against certain properties situate in the
City to be serviced by the Project.
C. It is desirable to assess, approve and confirm certain
supplemental special assessments ("Supplemental Special
Assessments") against certain properties situate in the City to
be serviced by the Project, the owners of which have consented
thereto by executing a Wastewater Reservation and Consent to
Special Assessment substantially in the form attached to
Resolution No. R-87-85.
D. It is desirable to provide certain terms with regard to
the Special Assessments and the Supplemental Special Assessments.
SECTION 3. The Supplemental Special Assessments shown on
the attached assessment roll are hereby assessed, approved and
confirmed and shall remain legal, valid and binding first liens
against the properties assessed until paid in full.
SECTION 4. The City Clerk is hereby directed to present
the Supplemental Special Assessments to the Clerk of the Circuit
Court for Indian River County for recording in the appropriate
Public Records of the County which shall constitute prima facie
evidence of the validity of the Supplemental Special Assessments.
SECTION 5. The Special Assessments shall bear interest
at la rate equal to two percent ( 2t ) above the interest rate on
the bonds issued or to be issued by the County in connection with
the Special Assessments. The annual installments of the Special
2
Assessments shall be due within sixty (60) days after the mailing
date of the bill with respect thereto which mailing date shall be
in November of each year, the first such mailing date to be in
November, 1990.
SECTION 6. The Supplemental Special Assessments shall
have the same terms and conditions as the Special Assessments,
including without limitation terms of payment, rate of interest,
penalties, terms of prepayment, manner of collection and priority
of lien. The Supplemental Special Assessments shall remain
liens, co -equal with the liens of all state, county, district and
municipal taxes, superior in dignity to all other liens, titles
and claims, until paid in full.
SECTION 7. This resolution shall take effect immediately
upon its adoption.
The foregoing --Resolution was moved for adoption by
- Councilman Net-kec-The motion was seconded
by Councilman and, upon being put to a
vote, the vote was as follow .
Mayor Richard B. Votapka
Vice Mayor Robert McCarthy
Councilman Robert McCollum
Councilman Frank Oberbeck
Councilman Lloyd Rondeau
The Mayor thereupon declared the Resolution duly passed and
adopted this k day of k 1989.
3
m
ATTEST:
johryn O'Ha oran, Clerk
.. (SEAL)
APPROVED AS TO FORM AND
LEGAL FICZENCY
Ch es I. Nash
City Attorney
4
CITY OF SEBASTIAN
By:
Richard B. Votapka, Mayor
MAY 22 '91 14:28 407 589 5570
RESOLUTION NO.: R-90-30
P.56/67
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN AGREEMENT
BETWEEN THE CITY OF SEBASTIAN, FLORIDA, AND THE UNITED
STATES POSTAL SERVICE CONCERNING THE REALIGNMENT OF
MAIN STREET; PROVIDING FOR REPEAL OF RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
^ FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County,
^ Florida is currently realigning a portion of Main Street,
adjacent to the Sebastian branch of the United States Postal
Service, an agency of the United States of America; and
WHEREAS, the United States Postal Service has committed
to pay for design and construction of improvements on the
Property it now owns; and
WHEREAS, the United States Postal Service has agreed to
transfer a portion of its property to Roger M. and Wauneta 8.
Skillman at such time as the Main Street project is completed and
open for public travel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to execute, on behalf of the City, the proposed
^ Agreement being attached hereto as "Exhibit A" and by this
reference incorporated herein, thereby binding the City as a
party thereto.
:'AY 2_T '91 14:29 407 599 5570
P.57/67
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
_ the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
Councilman The motion was seconded
by Councilman ] %)zkrh� _ and, upon being put to a
vote, the vote was as follows:
Mayor W. E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie Powell
Councilman Lloyd Rondeau
- 2 -
d-7
M
MAY 22 '91 14:29 407 589 5570
M
P.58/67
The Mayor thereupon de fared this Resolution duly passed and
adopted this day of Zq 1990.
CITY OF SEBASTIAN, FLORIDA
s By •' a'4I�!/ti�
ATTEST: ���1111 nyer , Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(Seal)
Approved a Form and Content:
.n
Charles Ian Nash, City Attorney
- 3 --
'1AY 2- '91 14:29 407 599 5570
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P. 59/67
r�r•DIR.
THIS AGREEMENT MADE this aX4 da of )r -
Y 1990, by
and between the CITY OF SEBASTIAN, Florida, a Florida municipal
corporation, hereinafter referred to as the "City", and the
UNTIED STATES POSTAL SERVICE, an agency of the UNITED STATES OF
AMERICA, hereinafter referred to as the "USPS". The City and the
USPS may hereinafter referred to collectively as the "parties".
W I T N E S S E T H:
WHEREAS, the City Council of the City of Sebastian, Indian
River County, Florida (hereinafter referred to as the "City
Council") has determined that in order to provide a safer roadway
for the residents of Sebastian, a portion of Main street should
be realigned from what was formerly the western entrance to a
certain platted Right -of -Way known as.. Yucca Court (which has
since been abandoned pursuant to ordinance 0-85-13), to the
western boundary where the city hall for the City of Sebastian,
Indian River County, Florida is currently located; and
WHEREAS, in order to facilitate the issuance of certain
owners' Title Insurance Policies in connection 'with the
consummation of the Agreement for Exchange of Real Property
entered into by and between the City, Carl R. Julian,
individually and as Trustee, and Roger M. Skillman and Wauenta B:.
Skillman, his wife, it is necessary to obtain a Quit --Claim Deed
signed by the USPs in favor of Roger M. Skillman and Wauenta B.
Skillman, his wife; and
WHEREAS, the USPS desires to confirm that the City,
MRY 22 '91 14:30 407 539 5570 P.60/67
without seeking any contribution to the funding thereof by the
USPS, shall construct the alignment to Main Street so that upon
its completion, the paved portion of Main Street shall abut the
existing paved driveways being utilized by the USPS at its Main
Street Sebastian facility; and
WHEREAS, the city desires to confirm that the USPS, at its
expense, shall construct any site work it decides is necessary or
convenient to its utilization of its existing facility and any
additional real property it receives due to the vacation of any
f
portion of the existing Main Street roadway and road right-of-way
by the City or due to the transfer of any portion of the existing
Main Street roadway and road right-of-way to the USPS by Carl R.
Julian, individually and as Trustee, or by Roger M. Skillman and
Wauenta H. Skillman, his wife, including the cost of removing any
pavement on any such real property received by the USPS.
NOW, THEREFORE, in consideration -of the premises and the
mutual covenants contained herein, the receipt and sufficiency of
which are hereby acknowledged, 'the parties hereto agree as
follows:
1.
Construction by the City of Main
Street.' The City
shall construct the alignment to Main Street so that upon its
completion,
the paved portion of realigned
Main Street roadway
^
shall abut
the existing paved driveways being utilized by the
USPS at its
Main Street Sebastian facility.
The USPS shall not
be required
by the City to contribute to the
expense incurred in
P qE• F�,,lacg,
`7.wn & Tonrr. r.ti
connection with such construction.
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P. 61/67
2. Construction by the USPS of its site improvements.
The USPS shall be responsible for the expenses of any site
improvements it makes on the real property it now owns, or any
real property the USPS may receive in the future on the south
side of what will then be Main Street after the construction of
the realignment of Main Street in the process of being commenced
by the City is completed, including the cost of removing pavement
from any portion of the existing Main Street roadway which
becomes the property of the USPS.
3. Transfer by the USPS to Skillman. The USPS shall
deliver to the city Attorney for the City, (hereinafter referred
to as the "City Attorney"), a duly executed quit -claim deed
conveying any interest that the USPS may have in the real
property identified on Exhibit "A11 attached hereto and by this
reference incorporated herein, to Roger M. Skillman and Wauenta
B. Skillman, his wife. The quit -claim deed for the real property
described in Exhibit "A" 'shall• then be forwarded by the City
Attorney to the Clerk of the Circuit Court for Indian River
County, Florida, recording department, for recording in the,
Public Records of Indian River County, Florida, at sigh time as
the realigned portion of Main Street passing in front 'of the
existing facility of the USPS on Main Street is completed and
open for public travel.
4. savings Clause. The invalidity or unenforceability
of any particular provision of this Agreement shall not affect
the other provisions hereof, and the Agreement shall be construed
3
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'91 14:31 407 589 5570
P.62/67
in all respects as if such invalid or unenforceable provisions
were omitted.
5. Interpretation of agreement. This Agreement shall be
construed, governed and enforced in accordance with and by the
laws of the State of Florida, and venue for any action to enforce
or to interpret this Agreement shall be Indian River County,
Florida.
6. Binding Effect. All of the terms, covenants,
warranties and representations contained herein shall be binding
upon the parties, their heirs, successors and assigns.
7. Attorney's Fees and Costs. If any action is
commenced by any of the parties to enforce any term, covenant, or
condition of this Agreement or to obtain declaratory relief at
law or in equity, the prevailing party shall be entitled to all
costs and expenses of said action (including a reasonable
attorney's fees) at trial and all appellate levels, from any of
the other parties (or its/his/their successors or assigns) who
opposed the prevailing party.
e. Notice. All notices or communications required or
permitted hereunder shall be in writing and shall be dAemed to be
delivered when personally served upon the person to receive it
or three (3) days after deposited in the United states Mail,
postage prepaid, registered or certified mail, return receipt
requested, addressed to the parties at the following addresses or
at such other address as may have been heretofore specified by
written notice delivered in accordance thereof:
4
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NRY 2Z '91 14:31 407 599 5570
- II
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TO THE CITY:
WITH A COPY TO:
TO THE USPS:
P.63/67
CITY OF SEBASTIAN
Attn: City Manager
P.O. Box 780127
Sebastian, Florida 32978
CHARLES IAN HASH, ESQUIRE
City Attorney
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
WALTER POPAD£N, JR.
Manager, Real Estate
P. O. Box 22725
Tampa, Florida 33622-2725
9. Entire and Sole Agreement. Except as specifically
stated herein, this Agreement and the Exhibits referenced herein
constitute the entire agreement between the parties and
supercedes all agreements, representations, warranties,
statements, promises and understandings not specifically set
forth in this Agreement or in the documents delivered in
connection herewith. Neither party has in any way relief, nor
shall in any way rely, upon any oral' or written agreements,
representations, warranties, statements, promises or
understandings not specifically set forth in this,Agreement or in
such documents,
10. Finder's Fees or Broker's Commissions. No party
shall be obligated to pay any finder's fee or broker's commission
in connection with the transactions contemplated by this
Agreement. In the event any claims is asserted by any purported
finder or broker for a finder's fee or broker's commission, the
party alleged to be responsible for arranging such finder's fee
or broker's commission shall indemnify and hold harmless the
11
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'91 14:32 497 569 5570 P.64/67
other party from any liability therefore.
11. Counterparts. This Agreement may be executed
simultaneously in two or more counterparts, each of which shall
be an original, but all of which together shall constitute one
and the same instrument.
12. Amendments. Neither this Agreement nor any term
hereof may be changed, waived, discharged or terminated orally,
but only by an instrument in writing signed by the party against
which enforcement of the change, waiver, discharge or termination
is sought.
13. Headings. The headings in this Agreement are for
purposes of reference only and shall not limit or otherwise
affect the meaning hereof.
14. Vacation of Road. Notwithstanding anything contained
in this Agreement to the contrary, the li-arties hereto agree and
acknowledge that this Agreement does not�bind the city Council to
vacate any portion of Main Street, but only requires the city to
comply with the terms of this Agkeement if vacation is approved
after public hearing and advertisement in accordance with all
applicable governmental rules and regulations. Furthermore,
notwithstanding any provision contained in this Agreement to the
contrary, the vacation of any portion of the road right-of-way of
any portion of the existing Main street (if approved by City
Council after public hearing and advertisement in accordance with
all applicable governmental rules and regulations) shall operate
to terminate any public utility easements currently existing in
C
MAY 22 '91 14:32 407 589 5570 P.65/67
II -
the Main Street road right-of-way unless the public utilities
which currently have an interest in such public utility easement
consent to vacating any such public utility easement.
Executed by the parties hereto on the day and year set
forth below.
Dated this, day of�1990.
- THE CITY:
CITY OF SEBASTIAN, a Florida
Attest: l municipal corporation
r.'-1✓gyp ✓ra>nti. _�
Kathryn M. O'Halloran, By
CMC/AAE W. E. Conyers ayor
City Clerk
(SEAL)
^
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER)
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personall'y appeared W. E. CONYERS and KATHRYN M.
O'HALLORAN, personally known to me to be the Mayor and City
Clerk, respectively of the City of Sebastian, Florida, a Florida
municipal corporation, and that they severally acknowledged
before me that they executed the foregoing Agreement for the
purposes therein expressed, under authority duly vested in them
by said municipal body, and that seal affixed thereto ds -the true
corporate seal of the City of Sebastian, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal t Sebastian, Indian River County,
Florida, this, ^_ day of 1990.
NOTARY PYBLIC,
State of Florida at Large
My Commission Expires:
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THE USPS:
UNITED STATES POSTAL SERVICE
municipal corporation
LZ
As
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County a oresaid to take
acknowledgments, personally appeared JJ4 Q,
known to me to be the of a Unedh ItStates
Postal Service, and th he acknowledged before me that he
executed the foregoing Agreement for the purposes therein
expressed, under authority duly vested in h by the United
States Postal Service.
IN WITNESS WHEREOF, I have hereunto sed my hano and
affixed my official seal at �/( ��
County, Florida, this day of , 1990.
'NOTARY PUBLIC,
State of Florida at Large
My Commission Expires:
NOTARY PONLiC SEATS OF FLORION
RY MAISS104 ETP. RAR 10,1991
rNDEO DIN) COFRAL IRS. ONO.
F"
RESOLUTION NO. R-90-31
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY
CLERK TO SIGN, ON BEHALF OF THE CITY, A GRANT OF
PERPETUAL EASEMENT IN FAVOR OF INDIAN RIVER COUNTY,
FLORIDA FOR UTILITIES; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida, has requested that
the City grant it a perpetual easement for utilities on land
owned by the City; and
WHEREAS, the City Council of the City of Sebastian, after
reviewing the proposed Grant of Easement submitted by Indian
River County, Florida, for its approval, and after engaging in
deliberations, has determined that it would be in the best
interest of the City of Sebastian and its citizens, and in
furtherance of a valid municipal purpose, for the City of
Sebastian to grant the perpetual easement for utilities on land
owned by the City as requested by Indian River County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Sectionl. AGREEMENT. The Mayor and the City Clerk of
the City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the proposed grant of
easement proposed by Indian River County, Florida, a copy of the
- proposed
grant of easement
having
been attached to this
Resolution
as Exhibit "A" and
by this
reference is incorporated
herein. The original grant of easement shall be forwarded by the
I yb'/N
M
City Clerk to the County Attorney for recording by Indian River
County, Florida.
Section 2. CONFLICT. All resolutions or parts of
resolutions in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
.. enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
M remainder of this Resolution without said invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
M—
effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by
.� Councilman �(�l�c.n( The motion was
seconded by Councilman �lLy,��le,C and, upon being
put to a vote, the vote was as follows:
Mayor W.E. Conyers
Vice Mayor Frank Oberbeck
.. Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
w
2
Parcel #113 6 140/North County Sewers
8/16/90(Deeds7)LEGAL(Vk)TP
M EXHIBIT "A" ATTACHED HERETO AND MADE -A PART HEREOF
AND Grantor heceby covenants with said Grantee
that the Grantor Is lawfully seized of said servient land In
fee simple, and that the Grantor,has good right and lawful
authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set
Grantor's hand and seal the day and year first above
written.
r.
Attest:
1 l : 1 CITY OF SEBASTIAN, a
&It .t... )) � (t')c•'- municipal corporation of the
.+ LityC,FerK State of Flor
By•
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
SWORN TO and subscribed before me by 11.F.Ca U
and A( 1 a Vada(,, tlni�, respectively as M4 an ., TY
CLERK -1 respectively
a municipal cgrporatlon of
the State of Florida, on thlstjo� day of//rLitwf
1990.
r,
My Commission Expires:
4�(r G
�sirn.
E A S E M E N T
)iPt� THIS .RANT OF EASEMENT, made and executed this
day of l A.D.
1990, by the CITY OF
SEBASTIAN, a muni pal corporation of the State of Florida,
whose Post Office address Is City Hall, Sebastian, FL 32958,
hereinafter called GRANTOR,
to
..
INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 1840 25th Street, Vero Beach, FL 32960, hereinafter
called GRANTEE.
(***Whenever used herein, the terms GRANTOR and GRANTEE
Include all the parties to this Instrument and their heirs,
legal representatives, successors, and assigns.)
WITNESSETH: That Grantor for and Int.conslderatlon
of the sum of TEN DOLLARS and other valuable consideration,
receipt of which Is hereby acknowledged by these presents
does grant, bargain, sell, allen, remise, release, convey,
and confirm unto the Grantee, a perpetual easement for
..i
utilities over, across, and beneath the following described
land, situate In Indian River County, Florida, to -wit:
M EXHIBIT "A" ATTACHED HERETO AND MADE -A PART HEREOF
AND Grantor heceby covenants with said Grantee
that the Grantor Is lawfully seized of said servient land In
fee simple, and that the Grantor,has good right and lawful
authority to convey the easement established hereby and will
defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the Grantor has hereunto set
Grantor's hand and seal the day and year first above
written.
r.
Attest:
1 l : 1 CITY OF SEBASTIAN, a
&It .t... )) � (t')c•'- municipal corporation of the
.+ LityC,FerK State of Flor
By•
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
SWORN TO and subscribed before me by 11.F.Ca U
and A( 1 a Vada(,, tlni�, respectively as M4 an ., TY
CLERK -1 respectively
a municipal cgrporatlon of
the State of Florida, on thlstjo� day of//rLitwf
1990.
r,
My Commission Expires:
4�(r G
�sirn.
SEA 1190 .
DESCRIPTION OF THE PROPOSED 20 FOOT EASEMENT: THE WESTERLY 20 FEET OF
TRACT 'B•. A0 LOT 9, BLOCK 506, SEBASTIAN HIGHLANDS UNIT M7 AS RECORDED
IN PLAT BOOK 6, PAGE 6 PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
sy DPG. 17 T31�J rt.3DE
�X2
loo' v'
FGG �, 2L
�.T.>x I.D. 1-.10. I
17-31-39-00 =-
0002- 00000.0
O W... m I
CITY OF .�EEA9TIAFI
TAX I D UO.
17- 31- 39 - 00 0-
4060- 00009.0
owuesc:
GITV of SEB/.'JT�A�
SREQnC PURPOSE SURWY
NOTE.'. THIS SURVEY SIC' 7 IS PREPARED fROH /WFORMA77aV SUPPUED BY INDIAN H'V£R
7771£ CORP. NO PHYSICAL SURVEY CIA NERS SET.
PREPARED FOR NORTH COUNTY SENER PRAECT ACOUIS770V
C£R77F7CA77OY: I,ROO REED, HEREBY CE7?77FY THAT THE SURI'£Y SHONN HEREON
WAS PERFORMED 10-17-oe AND SAND SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS PURSUANT 70 SEC77OV *72027 OF THE f10RIDA STATUTES AND
ClR7YXD lit 21FW-e O' THE ALY0WS7RA)7W C00E i.• v yl
GITV OF BEOA-STIAwJ �'
ROD REED R.LS A W1E
mMASTELLER. AMOLER & REED INC.
m PROFESSIONAL LAND SURVEYORS
- POST OFFICE BOX 1045 ^ DRAMIHc I
ORDINANCE NO.: 0-90-16
_ AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, PERTAINING TO WATER DISTRIBUTION; AMENDING
ORDINANCE NO. 0-81-8 OF THE CODE OF ORDINANCES TO EXPAND THE
^ EXCLUSIVE FRANCHISE GRANTED TO GENERAL DEVELOPMENT
UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND
MAINTAIN A WATER DISTRIBUTION SYSTEM WITHIN A PORTION OF THE
CITY OF SEBASTIAN, FLORIDA, TO INCLUDE A PARCEL OF LAND
— APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY
ROAD 512, SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND
FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST
_ OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF
STRAIT AVENUE; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION
IN THE CODE OF ORDINANCES OF THE CITY OF SE3ASTIAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
I — WHEREAS, the City Council of the City of Sebastian, Florida,
adopted Ordinance No. 0-81-8 on May 11, 1981, granting unto
., General Development Utilities, Inc., a Florida corporation
(hereinafter referred to as the "Company"), an exclusive
franchise for a public water system within a portion of the City
1 of Sebastian, Florida; and
I — WHEREAS, the City Council of the City of Sebastian, Florida,
adopted Resolution No. R-87-6 on January 14, 1987, granting unto
I "- Indian River County, Florida an exclusive franchise to furnish
a —
water and sewer service to the entire area within the
incorporated limits of the City of Sebastian, excluding the areas
in which the City had previously granted franchises to furnish
water or sewer services; and
1 �6,zq
WHEREAS, Sebastian General Partnership, H.F.T. is the owner
of a certain tract of real property located in the City of
Sebastian, Indian River County, Florida (hereinafter referred to
as the "Property"); and
WHEREAS, the Property is currently included in the franchise
granted to Indian River County, Florida; and
WHEREAS, Indian River County is not in a position to provide
potable water services to the Property and has agreed to exclude
the Property from its water and sewer franchise; and
WHEREAS, the Company is willing to accept the Property into
^its franchise territory and extend water service to the Property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. Paragraph one of Section 1 of Ordinance No.
0-81-8 of the Code of Ordinances of the City of Sebastian,
Florida is hereby amended in its entirety to provide as follows:
"Section 1. [Grant.] There is hereby granted to the
Company for a period of thirty (30) years from the date
hereof, an exclusive franchise to construct, operate and
maintain a public water system within Units 1 through 17 of
Sebastian Highlands Subdivision, an area located within a
portion of the City of Sebastian, Florida, more specifically
described in Exhibit "A" attached hereto and made a part
hereof by reference, and the certain tract of real property
consisting of approximately 58.09 acres located south of
County Road 512, south of the intersection of County Road
512 and Fleming Street, approxi -mately three and one-half
miles west of U.S. Highway 1, also known as State Route 5,
and east of Strait Avenue, more particularly described as:
2
'A parcel of land in the NE 1/4 of Section 13, Township
31 South, Range 38 East, known as Chesser's Gap,
described as follows: That part of the NW 1/4 of the NE
�^ 1/4 of Section 13, Township 31 South, Range 38 East,
lying South of Fellsmere Road, AND ALSO the West 1/2 of
the NE 1/4 of the NE 1/4 of Section 13, Township 31
South, Range 38 East. All of the above land now lying
�— in the City of Sebastian, Indian River County,
Florida,'
and in connection therewith, to construct, maintain, and
repair water lines, conduits, hydrants, service pipes,
pumping stations, and any and all other things necessary for
the purpose of conducting and distributing water in such
areas; to make housing and building connections upon, along,
in and under the roads, streets, alleys, easements and any
other public places in said areas; to repair, replace,
enlarge or extend the same, and to carry on the business of
furnishing water in said areas for a consideration, subject
to such rules and regulations as the said Council may adopt
and impose, and further subject to the conditions of this
franchise."
Section 2. CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
Section 3. CODIFICATION. It is the intention of the City
Council of the City of Sebastian, Indian River County, Florida,
and it is hereby provided that the provisions of this Ordinance
shall become and be made a part of the Code of Ordinances of the
City of Sebastian, Florida; that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and
the word "Ordinance" may be changed to "Section," "Article" or
other appropriate designations.
Section 4. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Ordinance is invalid or unconstitutional, the remainder of the
Ordinance shall not be affected and it shall be presumed that the
3
1
t_ City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
_ assumed that the City Council would have enacted the remainder of
— this Ordinance without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
1 _ and effect.
I _ Section 5. EFFECTIVE DATE. This Ordinance shall become
effective immediately upon its adoption, suiject to General
1.
I— Development Utilities, Inc.'s acceptance in writing of this
addition of territory to its exclusive water franchise.
The foregoing Ordinance was moved for adoption by Councilman
_ 04,ES P,I�EQA'
The motion
was
seconded
by Councilman
_ 1�?d ep.4L41R7
and,
upon
being put
into a vote,
the vote was as follows:
^ Mayor W.E. Conyers Ryc
Vice -Mayor Frank Oberbeck RYE
I — Councilman Robert L. McCollum R YF
Councilman Lonnie R. Powell If 1110F
Councilman Lloyd Rondeau RBrE ✓T
^ The Mayor thereupon declared this Ordinance duly passed and
adopted this /,2 Y// day of BEe ! /'1- 'Ex , 1990.
1^
I ATTEST:
Kathty M. O'Halloran,
CMC/AAE, City Clerk
I_ (SEAL)
1l
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, ayor
I HEREBY CERTIFY that notice of public hearing on this
Ordinance was published in the Vero Beach Press Journal as
required by State Statute, that one public hearing was held on
this Ordinance at 7:00 p.m. on the /& ry day of 0ECE/7AE 1990,
and that following said public hearing this Ordinance was passed
by the City Council.
�iL�
at ry M. O'Halloran,
CMC/AA , City Clerk
Approved to Form and Content:
Czaries Ian Nash,
City Attorney
5
RESOLUTION NO. R-90-51
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, EXCLUDING CERTAIN TERRITORY FROM THE
WATER AND SEWER FRANCHISE GRANTED TO INDIAN RIVER
COUNTY, FLORIDA, ITS SUCCESSORS AND ASSIGNS; PROVIDING
FOR REPEAL OF RESOLUTIONS .OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian,
Florida, adopted Ordinance No. 0-81-8 on May 11, 1981, granting
unto General Development Utilities, Inc., a Florida corporation
(hereinafter referred to as the "Company"), an exclusive
franchise for a public water system within a portion of the City
of Sebastian, Florida; and
WHEREAS, the City Council of the City of Sebastian,
Florida, adopted Resolution No. R-87-6 on January 14, 1987,
granting unto Indian River County, Florida an exclusive franchise
to furnish water and sewer service to the entire area'within the
incorporated limits of the City of Sebastian, excluding the areas
in which the City had previously granted franchises to furnish
water or sewer services; and
WHEREAS, Sebastian General Partnership, B.F.T. is the owner
of a certain tract of real property located in the City of
Sebastian, Indian River County, Florida (hereinafter referred to
as the "Property"); and
^ WHEREAS, the Property is currently included in the
franchise granted to Indian River County, Florida; and
1
WHEREAS, Indian River County is not in a position to
provide potable water services to the Property and has agreed to
^ exclude the Property from its water and sewer franchise; and
WHEREAS, the Company is willing to accept the Property into its
franchise territory and extend water service to the Property.
NOW, THEREFORE, be it resolved by the City Council of the
City of Sebastian, Indian River County, Florida, that:
Section 1. EXCLUSION OF PROPERTY. The franchise territory
described in Paragraph 2 of Resolution R-87-6 shall not include
that certain tract of real property consisting of approximately
58.09 acres located south of County Road 512, south of the inter-
section of ,County Road 512 and Fleming Street, approximately
three and one-half (3 1/2) miles west of U.S. Highway 1, also
known as State Road 5, and east of Strait Avenue, and more
particularly described as:
"A parcel of land in the NE 1/4 of Section 13, Township 31
�^ South, Range 38 East, known as Chesser's Gap, described as
follows:
That part of the NW 1/4 of the NE 1/4 of Section 13,
Township 31 South, Range 38 East, lying South of Fellsmere
Road, AND ALSO the West 1/2 of the NE 1/4 of the NE 1/4 of
Section 13, Township 31 South, Range 38 East. All of the
above land now lying in the City of Sebastian, Indian River
County, Florida."
Section 2. CONFLICT. Those provisions of Resolution No.
R-87-6 which are in conflict with the above Section 1 are hereby
repealed. The remaining provisions of Resolution No. R-87-6
shall not be affected by the enactment of this Resolution. All
other provisions or parts of resolutions in conflict herewith are
hereby repealed.
2
Im
I_
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
.. this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
., further be assumed that the City Council would,have enacted the
�.. remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption, subject to Indian River
County's acceptance in writing of the exclusion of the Property
from its water and sewer franchise.
The foregoing Resolution was moved for adoption by
Councilman / e_ L40LLU/�l The motion was seconded by
Councilman and, upon being put into a
vote, the vote was as follows:
Mayor W.E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilman Lloyd Rondeau
3
YE
Aye
R Ye
R Ye
0
C
I
The Mayor thereupon declared this Resolution duly passed
and adopted this /aTfP day of '1990.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers ayor
ATTE'T:
Kath ry M. O'Halloran,
CMC/A City Clerk
(SEAL)
Approve as to Form and Content:
�1'
Cha es Ian Nash,
City Attorney
F1
RESOLUTION NO. R-90-55
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, AUTHORIZING THE MAYOR
AND THE CITY CLERK TO SIGN, ON BEHALF OF THE
CITY, AN ASSIGNMENT AGREEMENT WITH INDIAN
RIVER COUNTY, FLORIDA, IN A FORM IDENTICAL TO
THE ASSIGNMENT AGREEMENT ATTACHED TO THIS
RESOLUTION AS EXHIBIT "A," WHEREBY THE CITY
WILL TRANSFER TO THE COUNTY ALL OF THE CITY'S
RIGHT, TITLE AND INTEREST IN THE WATER
- FRANCHISE GRANTED TO GENERAL DEVELOPMENT
UTILITIES, INC. BY THE CITY IN ORDNANCE NO.
0-81-8, AND IN THE SEWER FRANCHISE GRANTED TO
_ GENERAL DEVELOPMENT UTILITIES, INC. BY THE
CITY IN ORDINANCE NO. 0-81-9, WITH THE
EXCEPTION OF THE CITY'S RIGHT TO RECEIVE
FRANCHISE REVENUES AND TO REGULATE RATES AND
CHARGES PURSUANT TO SAID FRANCHISES; PROVIDING
FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida,
granted to Indian River County, Florida, an exclusive franchise to
furnish water and sewer service to the entire area within the
incorporated limits of the City, including those areas in which the
City had previously granted franchises; and
WHEREAS, Indian River County's franchise territory will
include those areas in which the City of Sebastian had previously
granted franchises should any such prior franchise expire, revert,
be forfeited, cancelled or otherwise come under the control of the
City; and
WHEREAS, water and sewer franchises presently exist between
the City of Sebastian and General Development Utilities, Inc.,
(hereinafter referred to as "GDU"), granted by City Ordinance No.
0-81-8 and City Ordinance No. 0-81-9, respectively, (hereinafter
referred to as the '!Franchises"); and
WHEREAS, the Franchises contain provisions giving the City
the right to purchase all of the facilities, together with
easements, owned and used by GDU to provide services under the
Franchises; and
WHEREAS, the City of Sebastian desires to assign to Indian
River County, and Indian River County desires to acquire, all of
the City's right, title and interest in the Franchises, with the
exception of the City's right to receive franchise revenues and to
regulate rates, fees, and charges under the Franchises; and
WHEREAS, the City Council of the City of Sebastian has
reviewed the proposed Assignment Agreement, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, and after engaging in deliberations, has determined that
it would be in the best interests of the City of Sebastian and its
citizens, and in furtherance of a valid municipal purpose for the
City of Sebastian to assign its rights under the Franchises to
Indian River County, Florida.
NOW, THEREFORE, be it resolved by the City Council of the City
of Sebastian, Indian River County, Florida, that:
Section 1. AGREEMENT. The Mayor and the City Clerk of the
City of Sebastian, Indian River County, Florida, are hereby
authorized to sign, on behalf of the City, the Assignment Agreement
with Indian River County, Florida, a copy of which is attached to
this Resolution as Exhibit "A" and incorporated herein by this
reference.
Section 2. CONFLICT. All resolutions or parts of resolutions
in conflict herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of triis
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that the
City Council of the City of Sebastian did not intend to enact such
' invalid or unconstitutional provision. It shall further be assumed
that the City Council would have enacted the-. remainder of this
Resolution without such invalid and unconstitutional provision,
thereby causing said remainder to remain in full force and effect.
Section 4. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
The foregoing Resolution was moved for adoption by Councilman
��!wCI frt The motion was seconded by Councilman
A.L
OOztkinL and, upon being put into a vote, the vote was
as follows: Mayor W.E. Conyers
Vice -Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell �3
Councilman Lloyd Rondeau Q .�
The Mayor thereupon eclared this Resolution duly passed and
adopted this 144 y day of UL , 1990.
ATTR T:
KaEhryly M. O'Halloran,
CMC/AAE, City Clerk
(SEAL)
Approved as to Form and Content:
Charles Ian Nash,
City Attorney
CITY OF SEBA"N, FLORIDA
By:
V.E. Conyer , Mayor
This Assignment, dated this IL day of December, 1990,
by and between INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, whose address is 1840 25th Street, Vero Beach,
Florida 32960, (hereinafter referred to as the "County"), and THE
CITY OF SEBASTIAN, a municipal corporation of the State of Florida,
whose address is City Hall, Sebastian, Florida 32958, (hereinafter
referred to as the "City").
W I T N E S S E T H
WHEREAS, the City granted the County an exclusive
franchise to furnish water and sewer service to the entire area
within the incorporated limits of the City, excluding those areas
in which the City had previously granted franchises; and
WHEREAS, the County's franchise territory will include
those areas in which the City had previously granted franchises
should any such prior franchise expire, revert, be forfeited,
cancelled or otherwise come under the control of the City; and
WHEREAS, water and sewer franchises presently exist
between the City and General Development Utilities, Inc.,
(hereinafter referred to as "GDU"), granted by City Ordinance No.
0-81-8 and City Ordinance No. 0-81-9 respectively; and
WHEREAS, the franchises granted by the City to GDU
contain provisions giving the City the right to purchase all of the
facilities, together with easements, owned and used by GDU to
provide services under its franchises with the City; and
j WHEREAS, the City desires to assign to the County, and
L _ the County desires to acquire, all of the City's right, title -and
interest in those franchises granted by the City to GDU, with the
exception of the City's right to receive franchise revenues and to
[ regulate rates, fees, and charges under the franchises.
NOW, THEREFORE, in consideration of the mutual promises,
covenants and agreements set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
_ 1. Assignment. The City hereby transfers to the County
9 all of the City's right, title and interest in the watsr franchise
i — granted to GDU by the City in Ordinance No. 0-81-8, and in the
_ sewer franchise granted to GDU by the City in Ordinance No. 0-81-
9; provided, however, that the City hereby retains the right to
_ receive any and all franchise revenues and fees owed under the
aforementioned franchises, and to regulate rates and charges being
charged and collected pursuant to said franchises.
_ 2. Acceptance. The County hereby accepts the assignment
by the City of all of the City's right, title and interest in the
_ water franchise granted to GDU by the City in Ordinance No. 0-81-
8, and in the sewer franchise granted to GDU by the City in
Ordinance No. 0-81-9, with the exception of the City's right to
_ receive revenues and to regulate rates, fees, and charges under
said franchises.
3. Indemnification. The County hereby agrees to
indemnify, defend and hold the City harmless from and against any
and all expenses, costs, damages, judgments, liabilities and
reasonable attorney's fees incurred by the City resulting from any
claims, causes of action, demands, lawsuits, proceedings or actions
of any party arising from or in any way connected to the execution
and delivery of this Agreement, or as the result of the exercise
by the County of any right transferred by the City hereunder.
4. Attorney's Fees. In any litigation or arbitration
between the parties arising from this writing, the prevailing party
shall recover its attorney's fees and costs incurred, including
attorney's fees and costs incurred in appellate proceedings.
5. Binding Effect. This Agreement shall be binding upon
the parties and their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Attest: CITY OF SEBASTIAN
Katkiryy M. O"Hailoran,
CMC/Ali
City Clerk
(SEAL)
By o
W. E. Conyer Mayor
Approved as to form and,eam eva c, Approved Date
content: Admlrn
Legal
1-
/ Budgel
Dept.
r-harles Ian Nas , Risk Mgr.
City Attorney
Attesti•.: Indian River County
---,__ BY
:3effrey K. Bar on, _ R.ichard N_ Bird C airmaii
r
County Clerk /�.ra �, A. e.
(SEAL) APPROVED: 1-22-91
MAR 21 '91 12:30 407 589 5570 P.5i6
L,,ARD OF COUNTY COMMIS6.02VERS
.. 1840 25th Street, Vero Beach, Florida 32960
Telephone:(407) 567-8000
March 13, 1991
.. Honorable W. E. Cox
City of Sebastian
Post Office Box 127
Sebastian, FL 32958 -
Dear Mayor Conyers;
Re:
no: 224.1011
Approximately six years ago it became increasingly clear to the
residents of the North County area and of the City of Sebastian that
the public interest would be served by having public water and sewer.
The County, through the efforts of Commissioner Scurlock and Utilities
., Director Terry Pinto, initiated discussions with private citizens who
advanced $25 per person to fund a feasibility study to be performed by
a consulting engineer. There were enough voluntary payments to fund
the study, which indicated that it would be feasible to construct a
public sewer system.
The County presented these findings to the City of Sebastian, and
after numerous public hearings the City entered into a long-term
franchise with the County. The franchise was necessary for the
County to have the authority to provide sewer service within the City
limits, and for the County to be able to borrow the money to construct
the system.
The main security for the repayment of the debt used to construct the
.. system was a voluntary lien given by property owners who reserved
capacity in the system. At no time was anyone forced to join the
system, and at no time did the County build capacity in excess of that
necessary for the people who were paying for the system. As was
made clear during the public hearings in Sebastian, the impact fees
paid by these volunteers would pay only for the plant itself and
for the main transmission system. The County and the City entered
into another agreement which obligated the City Council to hold
assessment hearings for individual line assessments to connect areas of
the City to the main County -installed line. This would be an additional
., cost. How to conduct the hearing and what manner of assessing the
people who would be paying for the connection line was always a matter
within the discretion of the City Council.
M MAR 21 '91 12:31 407 589 5570
^
P.6/6
Honorable W. E. Conyers, Mayor Page two
City of Sebastian March 13, 1991
After completing the legal papers creating the franchise,, after
complbting .the .count action validating the County bond issue, and after
selling approximately $5.6 million in' County bonds, 'the County
undertook the employment of consulting engineers and contractors who
., recently completed the. plant and force main so that the plant is now
ready to accept customers --from the individual connecting lines built
under separate assessment programs.
The County Commission became aware through articles in the Vero
Beach Press Journal that some Sebastian residents were dissatisfied in
,coupe manner:.with ,how the County is proposing. connection of the
customers to the main system and with the cost of the impact fee and
service connections. The County read in the newspaper that -the City
authorized its City Attorney to investigate employing an attorney with
,. expertise in utility matters to see if the City could legally revoke the
County franchise. In response to the newspaper articles, Utilities
Liaison Commissioner Don Scurlock and several staff members talked
with you on the telephone to ensure that the newspaper article was
^ correct. In that phone conversation, Commissioner Scurlock indicated
that he would recommend to the full Board that. the County agree to
relinquish its franchise rights. within. the City of Sebastian if that was
what the City Council wished.
At the March 5, 1991, meeting of the Board of County Commissioners,
,. the Board unanimously approved that policy, asking only that the City
Council let the County know within 30 days of its decision, since the
County is now in the process of hiring a consulting engineering firm to
expand the North County wastewater treatment plant. If the City does
remove itself from the County sewer program, it will no .,conger be
necessary to expand the sewer plant.
The County's only interest from the beginning has been to assist the
City of Sebastian and the residents of the North County area in getting
the utility service that they requested. The County will cooperate with
the City in whatever manner the City desires.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
Richard N. Bird
Chairman
RNB/Vk
F.
CHARLES GRAY
GORDON N. YARRIS
=1C.A.0 M. P11I..ON
?HILLIP R. FINCH
-.ELA 0, PPICE-MES
E PAGE..
"HILIP H PEES
,IOMAS A'BOYLES
NOMAS J.
S A,CLOUD
CLOUD
aLPO MARSHALL.
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MS. Zq
MASON WILLIAMS. S. aa—I
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N A. IL
3T EN MILDER
G. ROBERTSON DILG
ROBERTSON
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CHARLES W. SELL
:ACK A.PAUM
TAMES W.. EEPLES LES III
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=OPREST E.. FIELDS, LD S. JP.
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GRAY, HARRIS & ROBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOA 3068
URLA..no. FL 32802-3066
TELEPHONE N071 643.8860
GLASS BANK BUILDING
SOS NORTH ORLANDO AVENUE
POST OFFICE BOX 320757
COCOA BEACH. FL 32932-0757
TELEPHONE (401) 163-2216
FAX 14011 244-6690 FAX (401) 763-2297
'NRITERS DIRECT DIAL
PLEASE REPLY TO
Orlando
April 5, 1991
VIA TELEFAX
The Honorable Richard N. Byrd
Chairman, Board of County Commissioners
Indian River County
1040 25th Street
Vero Beach, Florida 32960
Dear Chairman Byrd:
-NOMAS C. SHAW
RSUL J. MOKRIS
wLAN R. BUTTERWORTH
OESORAN S. HERNANDEZ
PAUL S. OUINN. JR.
DANIO L. SCHICK
JACK K. McMULLEN
ORLANDO L. EVORA
SUSAN O. TASSELL
=REDERICK W. RICHARDS
1 CHARO E. BURKE
LORI R. BENTON
ANTHONY J. COTTER
-RACY A. BORGERT
-OMN B. SHOEMAKER
LISA A FRANK'
MALCOLM R. KIRSCHENBAUM
OF COUNSEL
'HE.... OF HEW TOP. BAR 0N11
This is in response to your letter of March 13, 1991, re-
garding the County's offer to "relinquish its franchise rights
within the City of Sebastian." My law firm has been retained as
special counsel to the City to advise it regarding these matters.
During a public hearing of the City Council this past Wednesday,
April 3, 1991, the City Council authorized me to accept the offer
which you extended on behalf of Indian River County. This
acceptance is subject to completion of the necessary documents
containing terms and conditions acceptable to the City and the
County so that the agreements, ordinances, and resolutions may be
rescinded in such a manner as to not impact innocent third
parties.
I will be contacting the Indian River County attorney in the
very near future to set up a meeting time where representatives
from the City can meet with appropriate representatives from the
County to complete this matter in an expeditious manner in a way
which protects the public. The City sincerely appreciates the
County's willingness to deal with this problem. Mr. McClary, the
City Manager, Mr. Hartman, our engineering consultant, and I look
forward to meeting with your representatives in the very near
future to complete this matter.
GRAY. HARRIS & AoDiysf�d
PROFESSIONAL ASSOCIATION
The Honorable Richard N. Byrd
^ Page 2
If you or anyone else at the County have any questions re-
garding this matter, please do not hesitate to call on me.
Sincerely yours,
^ Thomas A. Cloud, Esq.
Gray, Harris & Robins , P.A.
Special Counsel to the City
.. of Sebastian
^ TAC:wpc
cc: Mr. Charles Vitunac, Indian River County Attorney
Mr. Robb McClary, City Manager
^ Mr. Gerald C. Hartman, Hartman & Associates
^ 77/30:287/0
w
^
^
^
100
OR
-. CHARLES GRAY
GOROON H. HARRIS
RICHARD M. ROBINSON
PHILLIP R. FINCH
BBI PAMELA O. PRICE
JAMES F. PAGE. JR.
PHILIP M. TREES
A`1 LL1AM A. BOYLES
THOMAS J. WILKES
THOMAS A. CLOUD
BYRD F. MARSHALL. JR.
IS" J. MASON WILLIAMS.M
LEO P. ROCK. JR.
STEPHEN A. HILGER
G. ROBERTSON GILD
CHARLES W. SELL
JACK A. KIRSCHENSAUM
INS JAMES W. PEEPLES III
'ORREST S. FIELDS, JR.
A
GRAY, RABBIS 8c RoBINSON
PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
SUITE 1200
SOUTHEAST BANK BUILDING
201 EAST PINE STREET
POST OFFICE BOK 3068
ORLANDO, FL 32802-3068
TELEPHONE (4071 843-8880
GLASS BANK BUILDING
50S NORTH ORLANDO AVENUE
POST OFFICE BOX 320757
COCOA BEACH, FL 32932-OT57
TELEPHONE 1-071 783-2218
FAX (A07) 2A--5690 FAX (4071 783-2297
WRITERS DIRECT DIAL
PLEASE REPLY TO:
Orlando
April 19, 1991
THOMAS C.BMAW
PAUL J. MOKRIS
ALAN R. BUTTERWORTH
DEBORAH S. HERNANDE2
PAUL S. GUINN, in.
DAVID L. SCHICK
JACK N. McMULLEN
ORLANDO L. EVORA
SUSAN 0. TASBELL
FREDERICK W. RICHARDS
RICHARD E. BURKE
LORI R. BENTON
ANTHONY J. COTTER
TRACY A. BORGERT
JOHN S. SHOEMAKER
LISA J. FRANK'
MALCOLM R. KIRSCHENBAUM
OF COUNSEL
'M CMBER OF NEW TOR- A. ONL,
VIA FACSIMILE AND U.S. MAIL
407/567-9323
Charles P. Vitunac
Indian River County Attorney
1840 25th Street
Vero Beach, Florida 32960
RE: Indian River County/City of Sebastian Meeting of April
17, 1991
SIR
Dear Mr. Vitunac:
I am writing you this letter as a follow-up to our meeting in
your office yesterday in Vero Beach with Commissioner Scurlock, Jim
Chandler, Terry Pinto, Robb McClary, Gerry Hartman and Hal Schmidt.
We sincerely appreciated the opportunity to meet with you and
discuss the initiation of activities necessary to transfer the
utility franchises back to the City of Sebastian and create
interlocal cooperation agreements between the City and Indian River
County.
While our discussions yesterday were of necessity conceptual,
IBM I nevertheless feel encouraged by the progress made on an outline
for future agreements between the City and the County. As we
stated yesterday, the City is investigating the feasibility of
OBIacquiring the GDU Water and Sewer Systems and is considering
development of a city-wide water and sewer utility. As Mr. Hartman
indicated yesterday, acquisition of these systems by the City is a
necessary prerequisite to the City's development of its own water
ON and sewer system. The GDU Franchise Agreements contemplated such
acquisition by the City in a reasonably expeditious manner.
IB, We also discussed our willingness to investigate with the
County as rapidly and as prudently as possible options related to
service areas and flow treatment. We acknowledged then (and now)
SSI that the City of Sebastian has to play "catch-up" ball and act as
expeditiously as possible, consistent with sound public policy. We
GRAY, H.&HRIs & ROBINsoN
cROFESSIONAL ASSOCIATION
Charles P. Vitunac
April 19, 1991
Page 2
understand that the County is working to expand its North County
Wastewater System and needs to know the City's intentions with
regard to the transfer as soon as reasonably possible, subject to
prudent engineering, financial, and legal analysis. As was
discussed, construction of treatment plant and transmission
facilities is way ahead of the construction of collection
facilities.
I believe that we agreed to work together cooperatively and
expeditiously to work through a transfer of the franchises,
consistent with protecting innocent third parties, continuity of
service, the County's legitimate concerns, and during this interim
period, maintenance of "business as usual" for the County. It is
our further understanding that Mr. Pinto will be our technical
contact with the County and you will be our legal and financial
contact with the County. We also agreed that the City would be
afforded the opportunity to review and comment on system connection
application during this interim period.
Again, we sincerely appreciate the courtesy and cooperation
which you and the County showed the City and its representatives at
our meeting. Gerry will be contacting Mr. Pinto in the very near
.� future to obtain copies of documents and plans which the County
offered to make available to the City. Gerry and I will also begin
work on completion of the schedule, briefing document, and draft
agreements.
Please do not hesitate to contact me if you have any questions
regarding this matter.
Cqz4Lially yours,
Adm6sVA.Cu-d, Esqui
GRAY, HARRIS & ROBINSON, P.A.
Special Counsel to the
City of Sebastian
TAC: jlm /
40107-1
cc: Commissioner Doug Scurlock (via facsimile)
Jim Chandler, County Administrator (via facsimile)
Terry Pinto, County Utilities Director (via facsimile)
Robb McClary, Sebastian City Manager (via facsimile)
Charles Nash, Sebastian City Attorney (via facsimile)
Gerald C. Hartman, P.E.
Hal Schmidt, Jr., P.E.