HomeMy WebLinkAboutInterlocal Agreement Water & Wastewater Sys Purchase INTERLOCAL AGREEMENT
PROVIDING FOR THE TI~ANSFER OF THE
CITY OF SEBiqBTIAN WATER AND NI%~TEWATER SYSTEM
By and Between
CITY OF SEBASTIAN, FLORIDA
and
INDIAN RIVER COUNTY, FLORIDA
COUNTY A'l'l'O.~N.mt.,S OFFICE
INDIAN RIYT:~, COUNTY
1840 25'~ Sfre®f
ADOPTED SEPTEMBER ~0, 1995
TABLE OF CONTENTS
P~E
SECTION 1.01.
SECTION 1.02.
SECTION 1.03.
SECTION 1.04.
ARTICLE I
DEFINITIONS AND CONSTRUCTION
DEFINITIONS.
CONSTRUCTION AND INTERPRETATION.
INCORPORATION.
SECTION HEADINGS.
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3
4
4
SECTION 2.01.
SECTION 2.02.
ARTICLE II
REPRESENTATIONS
REPRESENTATIONS OF THE COUNTY.
REPRESENTATIONS OF THE CITY.
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6
ARTICLE III
PURCHASE, SALE, AND TRANSFER OF SEBASTIAN UTILITY SYSTEM
SECTION 3.01. PURCHASE, SALE AND TRANSFER COVENANT
SECTION 3.02. SEBASTIAN UTILITY SYSTEM.
SECTION 3.03. CONSIDERATION.
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ARTICLE IV
CONDITIONS PRECEDENT TO CLOSING
SECTION 4.01.
SECTION 4.02.
SECTION 4.03.
SECTION 4.04.
DEFEASANCE OF BONDS .
COUNTY RESOLUTION ASSUMING SYSTEM .
INDEMNIFICATION .
ORDINANCE CONSENTING TO ASSESSMENT
WITHIN THE CITY.
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CLOSING
SECTION 5.01.
SECTION 5.02.
SECTION 5.03.
SECTION 5.04.
SECTION 5.05.
SECTION 5.06.
SECTION 5.07.
SECTION 5.08.
ARTICLE V
PROCEDURES AND ASSOCIATED MATTERS
CLOSING DATE AND PLACE.
DOCUMENTS FOR THE CLOSING.
RECORDING FEES AND DOCUMENTARY TAXES.
TI~%NSFER OF FUND BALANCES.
RIGHT TO ENTER.
EMPLOYMENT PREFERENCE.
CONDUCT BETWEEN EXECUTION AND CLOSING.
RISK OF LOSS.
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15
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ARTICLE VI
OPERATION, MAINTENANCE AND EXPANSION OF THE
SEBASTIAN UTILITY SYSTEM
SECTION 6.01.
SECTION 6.02.
SECTION 6.03.
SECTION 6.04.
SECTION 6.05.
SECTION 6.06.
SECTION 6.07.
SECTION 6.08.
COVENANTS EFFECTIVE UPON CLOSING.
RATES, FEES OR OTHER CHARGES.
PUBLIC SERVICE TAX.
LICENSE TO USE CITY RIGHTS-OF-WAY.
OPERATION AND MAINTENANCE.
NO COMPETING SYSTEM.
IMPOSITION OF SPECIAL ASSESSMENTS.
CONCUP. RENCY; SYSTEM EXPANSION
OBJECTIVES.
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18
19
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SECTION 7.01.
SECTION 7.02.
SECTION 7.03.
SECTION 7.04.
SECTION 7.05.
SECTION 7.06.
SECTION 7.07.
SECTION 7.08.
ARTICLE VII
GENERAL PROVISIONS
TIM~ IS OF THE ESSENCE.
APPLICABLE LAW; JURISDICTION AND VENUE.
FAILURE OF PERFORMANCE.
NOTICE.
PROFESSIONAL FEES; COSTS.
ASSIGNMENT.
AHENDMENTS AND WAIVERS.
ENTIRE AGREEMENT; RECORDING.
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APPENDICES:
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
Form of Bond Counsel Opinion
Form of County Resolution Assuming System
Form of Ordinance Consenting to Special Assessments
Form of Closing Documents
Future Incorporated .Area Service Objectives
Service Agreements
Form of Assignment of Easements
ii
LHTERLOC,I~ AGREEKEHT
PROVIDING FOR 'J:fl.ts TRANSFER ~ AHHUMPTION OF Tflx;
CITY OF SEBA~TT~M WATER ]tND WAHT~FATER SYSTEM
THIS INTERLOCALAQREEMENT, is made and entered into as of this
~day of September, 1995, by and between Indian River County,
Florida, a political subdivision of the State of Florida (the
"County"), and the City of Sebastian, Florida, a municipal
corporation and body politic existing under the laws of the State
of Florida (the "City").
W I TNE S E TH:
the City owns and operates a potable water supply,
treatment, and distribution system and a wastewater collection,
transmission, treatment, disposal and reuse system which provides
services within and around its incorporated area; and
WHEREAS, the County owns and operates a potable water supply,
treatment, and distribution system and wastewater collection,
transmission, treatment, disposal and reuse system, both of which
are larger than the utility systems owned and operated by the city;
and.
WHEREAS,
potable water
Indian
the County has
and wastewater
River County and upon
the power and authority to provide
infrastructure and service within
the consent of the City within the
incorporated areas of the City of Sebastian; and
WHEREAS, the County and the City have held a public hearing on-
the proposed purchase, sale and transfer of the water and
wastewater utility system owned by the City in Indian River County,
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Florida, and made a determination that such a transfer is in the
public interest; and
w-~REAS, the County and the City, in determining if such a
purchase, sale and transfer is in the public interest have
considered, at a minimum, all of the factors referenced in Sections
125.3401 and 180.301, Florida Statutes; and
WHE~tE/%~, the County desires to acquire all of the assets which
are used by the City in providing services through the City' s
utility system in Indian River County, Florida, and the City
desires to transfer those assets to the County;
NOW, THEREFORE, in consideration of the mutual promises,
covenants, representations and agreements contained herein,
together with $10 and other good and valuable consideration
exchanged between the parties, the pa~-ties to this Interlocal
Agreement do undertake, promise and agree for themselves, their
permitted successors and assigns as follows:
ARTICLE I
DEFINITIONS AND CONSTRUCTION
SECTION 1.01. DEFINITIONS. As used in this Interlocal
Agreement, the following terms shall have the meanings as defined
unlgss the context requires otherwise:
"Agreement,, or "Interlocal Agreement,, means this Interlocal
Agreement Providing for the Transfer of the City of Sebastian Water
and Wastewater System, including any amendments and supplements
hereto executed and delivered in accordance with the terms hereof.
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"Bond Resolution,, means Resolution No.
the City and as amended from time to time.
"Bonds" means the Utilities System Revenue Bonds,
issued by the City.
,,Council', means the City Council of the City of
Florida.
"County" means Indian River County, Florida.
means the Board of County Commissioners of Indian
R-93-58 as adopted by
Series 1993
Sebastian,
"City" means the City of Sabastian, Florida.
,,Riverfront Project,, means the Indian River Drive Water
Distribution Project currently being constructed by the City.
,,Sebastian Utility System,, means the potable water supply,
treatment, storage, and distribution system and wastewater
collection, transmission, treatment, disposal and reuse system
owned by the City and providing services within and around its
incorporated area in Indian River County, Florida, and as described
and referenced in Section 3.02(A) hereof.
SECTION 1.02. CONBTRUCTION AND INTERPRETATION.
(A) Words that indicate a singular n~:mher shall include the
plural in each case and vice versa, and words that import a person
shall include firms and corporations.
(B) The terms "herein," "hereunder," "hereby," "hereof," and
any similar terms, shall refer to this Agreement; the term
"heretofore" shall mean before the date of execution of this
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Agreement; and the term "hereafter" shall mean on or after the
initial date of execution of this Agreement.
(C) Words that reference only one gender shall includeall
genders.
(D) This Agreement shall be construed as resulting from joint
negotiation and authorship. No part of this Agreement shall be
construed as the product of any one of the parties hereto.
SECTION 1.03. INCORPORATION. The appendices hereto and each
of the documents referred to herein are incorporated and made a
part hereof in their entirety by reference.
SECTION 1.04. SECTION HEADINgS. Any headings preceding the
texts of the several Articles, Sections or Appendices in this
Agreement and any table of contents or marginal notes appended to
copies hereof, shall be solely fort he convenience of reference and
shall neither constitute a part of this Agreement nor affect its
meaning, construction or effect.
~TICL~ II
P~EP~ESENTATIONS
SECTION 2.01. REPRESENTATIONS OF THE COUNTY. The County
makes the following representations, which shall survive any
clo~ing hereunder for a period of two years from the date of
closing.
(A) The County is duly organized and validly existing as a
political subdivision of the State of Florida.
(B) The County has full power and authority to enter into the
transactions contemplated by this Agreement.
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(C) The County has fulfilled and complied with the provisions
of Section 125.3401, Florida Statutes, relative to the purchase and
sale of a water, sewer or wastewater reuse utility by a county, or
will do so p=ior to closing.
(D) To the best of its knowledge and belief after due
inquiry, the County is not in default under any provisions of the
laws of the State of Florida material to the performance of its
obligations under this Agreement. The Board has duly authorized
the execution and delivery of this Agreement and assuming the due
authorization, execution and delivery by other parties hereto, this
Agreement constitutes a valid and legally binding obligation of the
County,- enforceable in accordance with its terms, except to the
extent that the enforceability thereof may be limited by any
applicable bankruptcy, insolvency, reorganization or other similar
laws affecting creditors' rights generally, or by the exercise of
judicial discretion in accordance with general principles of
equity.
(E) To the best of the County's knowledge and belief after
due inquiry, the authorization, execution and delivery of this
Agreement and the compliance by the County with the provisions
hereof will not conflict with or constitute a material breach of,
or default under, any existing law, court or administrative
regulation, decree, order, or any provision of the Constitution, or
the laws of the State of Florida relating to the County or its
affairs, or any ordinance, resolution, agreement, lease, or other
instrument to which the County is subject or by which it is bound.
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(F) There is no action, suit, investigation, or proceeding
pending or, to the County's knowledge and belief, threatened
against or affecting the County, at law or in equity or before any
federal, state, municipal, or other governmental department,
commission, board, bureau, agency or instrumentality, wherein any
decision, ruling or finding would adversely affect the transactions
contemplated hereby or which in any way would adversely affect the
validity of this Agreement or any other agreement or instrument to
which the County is a party and which is used or contemplated for
use in the cons-m~ation of the transactions contemplated hereby.
(G) The County has not dealt with any broker, salesman or
finder in connection with the transactionscontemplated herein and
no sales commissions of finder's fees are due or payable as a
result hereof.
SECTION 2.02. ~EPRESENT~TIONS OF ~ CITY. The City makes
the following representations, which shall survive any closing
hereunder for a period of two years from the date of closing.
(A) The City is duly organized and validly existing as a
municipal corporation and body politic existing under the laws of
the State of Florida.
_ (B) The City has full power and authority to enter into the
transactions contemplated by this Agreement.
(C) The City has fulfilled and complied with the provisions
of Section 180.301, Florida Statutes, relative to the purchase and
sale of a water, sewer or wastewater reuse utility by a city, or
will do so prior to closing.
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(D) To the best of its knowledge and belief after due
inquiry, the City is not in default under any provisions of the
laws of the State of Florida material to the performance of its
obligations under this Agreement. The Council has duly authorized
the execution and delivery of this Agreement and assuming the due
authorization, execution and delivery by other parties hereto, this
Agreement constitutes a valid and legally binding obligation oft he
City, enforceable in accordance with its terms, except to the
extent that the enforceability thereof may be limited by any
applicable bankruptcy, insolvency, reorganization or other similar
laws affecting creditors'
judicial discretion in
equity.
(E)
inquiry,
rights generally, or by the exercise of
accordance with general principles of
To the best of the City's knowledge and belief after due
the authorization, execution and delivery of this
Agreement and the compliance by the City with the provisions hereof
will not conflict with or constitute a material breach of, or
default under, any existing law, court or administrative
regulation, decree, order, or any provision oft he Constitution, or
the laws of the State of Florida relating to the City or its
affairs, or any ordinance, resolution, agreement, lease, or other
instrument to which the City is subject or by which it is bound.
(F) There is no action, suit, investigation, or proceeding
pending or, to the City's knowledge andbelief, threatened against
or affecting the City, at law or in equity or before any federal,
state, municipal, or other governmental department, commission,
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board, bureau, agency or instrumentality, wherein any decision,
ruling or finding would adversely affect the transactions
contemplated hereby or which in any way would adversely affect the
validity of this Agreement or any other agreement or instrument to
which the City is a party and which is used or contemplated for use
in the cons~mmation of the transactions contemplated hereby.
(G) The City has not dealt with any broker, salesman or
finder in connection with the transactions contemplated herein and
no sales commissions
result hereof.
of finder's fees are due or payable as a
ARTICLE III
PURC~%~E, SALE AND
TP~NSFER OF SEBA~TIAN~TILIT~ SYSTEM
SECTION ~.01. ~E, S~n~ ~ T~SFER ~. At
closing, the County shall purchase and the City shall sell, convey
and transfer the Sebastian Utility System to the County upon the
terms and subject to the conditions set forth in this Agreement.
SECTION 3.02. SEBASTIAN UTILITY 8YST~.
(A) The Sebastian Utility System, shall include those assets,
business properties, and rights and obligations both tangible and
intangible, that the City acquired from the County in 1992, from
General Development Corporation in 1993, or acquired otherwise
which it now owns and uses exclusively in conjunction with the
operation of the City' s potable water supply, treatment, and
distribution system, and a wastewater collection, transmission,-
treatment, and disposal and reuse system, or any such interest it
hereafter acquires, relating thereto, including the following:
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C
(1) Ail real property and interests, whether recorded in
the public records or not, in real property owned andcontrolled by
the City for water and wastewater purposes.
(2) Ail water and wastewater, including reuse and
reclaimed water, treatment plants, wells, collection, transmission,
distribution, pumping, effluent and disposal facilities of every
kind and description whatsoever including without limitation, all
trade fixtures, leasehold improvements, lift stations, pumps,
generators, controls, tanks, distribution, collection or
transmission pipes or facilities, valves, meters, service
connections, and all other physical facilities and property
installations used for the operation of the City's water or
wastewater system, together with an assignment of any existing and
assignable third party warranties that relate to completed or in
progress construction.
(3) The ownership of the Riverfront Project, however,
the City shall retain the right to receive the proceeds from the
special assessment which it has levied for the Riverfront Project,
but the City shall pay the County from the proceeds of such special
assessment for the construction of the Riverfront Project as set
out_in the Agreement dated the llth day of January, 1995 between
the City and the County.
{4) Ail equipment, vehicles, tools, parts, laboratory
equipment, and other personal property owned and used by the City
exclusively in connection with the operation of the City' water or
wastewater utility system.
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(5) Ail water or wastewater easements in favor of the
City, or its predecessors in interest, used in conjunction with the
city's water or wastewater utility system.
(6) Ail current customer records and supplier lists, as-
built surveys and water and wastewater plans, plats, engineering
and other drawings, designs, blueprints, plans and specifications,
maintenance and operating manuals, engineering reports,
calculations, computer models and studies, accounting, budget and
business records and all other information controlled by or in the
possession of the City that relates to the description and
operation of the City' s water or wastewater utility system,
inclusive of all pertinent computer records and the lawful use of
all computer software which is or was used in the operation of such
utility system for billing or customer record keeping purposes.
The lawful use of any licensed software or proprietary software
developed for the City shall be limited to the recovery and
transfer of data to County computers.
(7) Ail necessary regulatory approvals subject to all
conditions, limitations or restrictions contained therein; all
existing permits and other governmental authorizations and
approvals of any kind necessary to construct, operate, expand, and
maintain the City's water or wastewater utility system according to
all governmental requirements.
(B) The Sebastian Utility System shall be conveyed by the
City to the County subject to the provisions and requirements of
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C
this Interlocal Agreement, but otherwise free and clear of all
liens or enct~mhrances.
SECTION 3.03. CONSIDERATION. Subject only to adjustments and
prorations as provided herein, the total consideration for the
purchase, sale and transfer of the Sebastian Utility System shall
be Ten Dollars ($10.00) and:
(A) The County's defeasance of the Bonds until their
respective maturity dates in accordance with the provisions of the
Bond Resolution. The County specifically assumes the City's
obligations listed in Appendix F.
(B) The covenants and provisions of this Agreement, including
those in Article VI hereof, which are to become effective only upon
the purchase, sale and transfer of the Sebastian Utility System as
contemplated herein.
ARTICLE IV
CONDITIONS PRECEDENT TO CLOSING
SECTION 4.01. DEFEASANCE OF BONDS. Prior to closing the City
shall receive an opinion of nationally recognized bond counsel to
the effect that the Bonds are no longer outstanding under the Bond
Resolution. Such opinion shall be in substantially the form
attached hereto as Appendix A.
SECTION 4.02. COUNTY RESOL5~iON ASSUMING SYSTEM. Prior to
closing the County shall adopt a resolution agreeing to accept and
acquire the Sebastian Utility System in substantially the form
attached hereto as Appendix B.
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C
SECTION 4.03. INDEMNIFICATION. The County shall indemnify
and hold harmless the City from any claims, damages or judgments,
including attorney fees and costs, arising from the County's
acquisition of the System and operation thereof. The County
specifically agrees and guarantees that it shall fund this
indemnification and save harmless covenant from the County's water
and wastewater utility fund. The County will not indemnify and the
City will bold the County harmless from any and all liability
arising out of the case styled Citrus Utilities, Inc. v. General
Development Utilities, Inc. and City of Sebastian; Case Number 94-
0202-CA-03 filed in the Circuit Court of Indian River County,
Florida-.
SECTION 4.04.
CITY. Prior to
ORDINI%NCE CONSENTING TO ASSESSMENT WITHIN THE
closing the City shall adopt an ordinance
consenting to the imposition of special assessments by the County
relative to the provision of water or wastewater services,
facilities or programs. Such ordinance shall only become effective
upon closing on the transfer of the Sebastian Utility System as
contemplated herein and shall be in substantially the form attached
hereto as Appendix C. The City on the written request of the
County shall adopt an ordinance consenting to the establishment of
a municipal service benefit unit or the imposition of special
assessments by the County within the City for the express purpose
of the County providing water and wastewater utility service
facilities.
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ARTZCLE V
CLOHZNG PROCEDUREG AND A880CI~TED NATTEI~
SECTZON 5.0L. CLOBING DATE ant, PLACE.
(A) It is anticipated tha~the purchase, sale and transfer of
the Sebastian Utility System contemplated by this Agreement will be
closed on or before September 30, 1995. The time for closing may
be extended by either party no later than October 29, 1995. The
closing shall be held at the offices of the County, or other
offices mutually agreed upon by the parties.
SECTION 5.02. DOCUMENT8 FOR THE CLOSING.
(A) The City shall furnish at closing a certificate
reaffirming the City's representations and warranties hereunder,
the deed, and the bill of sale, all in substantially the form
respectively attached hereto as Appendix D.
(B) The County shall furnish at closing the closing
statement, a certificate reaffirming the County's representations
and warranties hereunder in substantially the form attached hereto
as Appendix E.
(C) From time to time after closing, each party hereto shall,
upon request of the other, take reasonable actions to execute,
acknowledge and deliver, or cause to be executed, acknowledged and
delivered, all such further acts, deeds, assignments, transfers or
other documentation for (1) confirming or correcting title in the
name of the County or perfecting undisputed possession by the
County of the Sebastian Utility System, or (2) otherwise fulfilling
the obligations of the parties hereunder. The City shall furnish
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the County at closing an assignment of the easements it obtained
from General Development Utilities, Inc. under the Agreement dated
October 20, 1993, however, the City doe.~not warrant the title to
such easements and the city will not assume any obligations to cure
any defects in title or possession for such easements.
SECTION 5.03. RECORDING FEES AND DO~..:us[ENTARY TAXES.
(A) Recording fees to record the deed and any other
instruments necessary to transfer title of the Sebastian Utility
System to the County shall be paid by the County.
(B) The Sebastian Utility System is being transferred and
conveyed to the County by the City for public purposes and
therefore this transaction is immune from documentary stamp tax.
However, in the event any documentary tax is applicable, the County
shall pay the cost of the documentary stamps to be affixed to any
deed or other instruments of conveyance as the benefits accruing to
the County in the public purpose of this transfer warrant such
expenditure.
SECTION 5.04.
shall transfer to
TP~%NSFER OF F~DBALANCES.
the County the account
following Sebastian Utility System related
Subaucount, Utility System R & R Account, Sewer Impact Fee Account,
Water Impact Fee Account, Customer Deposits, and Project Account.
At closing the City
balances from the
accounts: Reserve
The balance in the accounts as of June 30,
follows:
Payment Subaccount
Reserve Subaccount
Utility System R & R Account
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1995 was as
$ 64,374
353,847
10,000
Sewer Impact Fee Account
Water Impact Fee Account
Customer Deposits
Accounts Receivable
Project Account
TOTAL:
10,801
173,997
74,525
95,394
$ 454,532
$1,237,470
However, the parties recognize the amounts in the accounts may
vary from the above described amounts on the date of closing as the
City is operating an on-going business. The City will transfer to
the County the account balances in the accounts on the date of the
closing.
-- SECTION 5.05. RIGHT TO ENTER. Prior to closing, the County
shall have the right, at any reasonable time with prior notice to
the City, to enter upon the City's property to inspect the
Sebastian Utility System, to familiarize itself with day-to-day
operations, to review the operational practices ofthe City, and to
ensure compliance with any and all federal and state regulatory
requirements.
SECTION 5.06. EMPLOYMENT PP~EFERENCE. To the extent that the
County may lawfully do so and to the extent that the County-has any
position available, the County shall grant a preference in hiring
to any non-management employee of the City currently employed in
the ~peration of the Sebastian Utility System. However, any such
applicants must meet the County's
pre-employment screening criteria.
this Section shall be at will.
employment qualification and
Ail employment resulting from
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SECTION 5.07. CONDUCT BETwmEN EXECUTION AND CLOSING.
(A) Upon the execution of this Agreement, the City shall
continue to provide water and wastewater treatment to its current
customers in the ordinary and usual manner.
CB) The City shall prudently maintain the Sebastian Utility
System to ensure its proper operation through closing.
(C) From and after the date of the execution of this
Agreement, the City shall not, without prior written consent of the
County, dispose of or encumber any part or portion of the Sebastian
Utility System, except any non-material transactions that occur in
the'ordinary course of the City's business. The City shall fully
apprise-the County of all such transactions at closing.
(D) From and after the date of the execution of this
Agreement, the City shall not, without prior written consent of the
County, (1) enter into or modify any effluent reuse or disposal
agreements affecting the Sebastian Utility System or (2) enter into
or modify any developer, water or wastewater service agreement
affecting the Sebastian Utility System.
SECTION 5.08. RISK OF LO88. At all times prior to and
through the day of closing, the City shall maintain adequate fire
and ~xtended insurance coverage for the cost of any repairs to the
Sebastian Utility System that may be required by casualty damage.
The risk of loss during the said period of time shall fall upon the
City. The risk of loss shall pass to the County at closing.
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~tTICLE VI
OFEI~TION, M~,X'I~J~NCE ~ND
EXPANSION OF T~s SEBABTI~N UTILITY
SECTION 6.01. CO~8 ~FE~X~ U~N C~8XNG. only upon
~e purchase, sale, transfer and ass~ption of the Sebastian
Utility System as cont~plated herein shall the covenants and
9rovisions contained in this ~icle become effective.
SECTION 6.02. ~TE8, FEES OR OT~R ~GE~.
(A) TO ~e e~en= pe~itted by law, the ~ifo~ county
u~ility policies shall apply wi~in ~e City and there shall be no
discrimination between City and Co~ty residents. Ail rates, fees,
and charges for water and sewer se~ice shall be established
exclusively by the County. At no time shall rates, fees, and
charges, including ~e rate e~alization charge, for any class or
user or prope~y o~er wi~in ~e City ~ceed the total charged by
the County, including the Co~ty~s franchise fee, for a comparable
class of users or prope~y o~ers within ~e uninco~orated areas
of the Co~ty.
SECTION 6.03. P~LIC SER~CE T~.
(A) The City at all times shall have the power and authority
to impose and le~ any p~lic se~ice tax now or hereafter
authorized on the purchase of water and, to 2he e~ent pe~itted
by law, the County shall collect such p~lic se~ice tax at the
time of pa~ent for such se~ice. Accordingly, the County shall
maintain its water ~stomer records in such a manner as to easily-
distin~ish between se~ice provided in inco~orated and
uninco~orated areas.
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(B) The County shall not impose a tax on the purchase of
water or wastewater services within the City.
SECTION 6.04. LICENSE TO USE CITY
(A) The City hereby grants and conveys to the County a
license to use all City rights-of-way now or hereafter acquired by
the City for the purpose of providing water and wastewater
services. However, such a grant shall require the County to
relocate any water or wastewater utility facilities in the event
that such facilities interfere or are inconsistent with the use of
the City rights-of-way for transportation or drainage purposes.
(B) The City, on application from the county, shall grant the
County a written permit to locate water and sewer lines within the
City right-of-way. Upon the City granting such written permit to
the County, notwithstanding the above language, if the City
requires the County to remove its lines within a permitted right-
of-way within five (5) years after the issuance of the permit, the
City shall pay for the cost of the relocation of such lines.
(C) The license granted and conveyed to the County hereunder,
shall include by way of example and not limitation, theauthority
and obligation to construct, maintain, repair, replace, operate,
remove and relocate water and wastewater utility facilities. In
doing so the County shall cause as little disruption to the public
as possible, shall attempt to prevent the creation of obstructions
or conditions dangerous to the public, and shall promptly repair
any damage to or disruption of public or private property.
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SECTION 6.05. OPERATION AND
have exclusive possession of and
operation and maintenance of the
NAINTENANC~. The County shall
assume all responsibility for
Sebastian Utility System. The
County shall incorporate and integrate the Sebastian Utility System
into the County's existing water and wastewater utility system and
shall construct, expand, maintain, repair, operate and administer
the resulting combined water and wastewater utility system in an
orderly and efficient manner, and collect and account for all
revenues derived therefrom. The County shall have an affirmative
duty, and is hereby authorized by the City, to provide, in a manner
consistent with this Agreement, water and wastewater service within
the incorporated area of the City under County ordinances,
resolutions, regulations, and policies regardless of whether a lot
or parcel of land connected with or provided service by the
County's water and wastewater system is located in the incorporated
or unincorporated area.
SECTION 6.06. NO COMPETING SYSTEM. To the full extent
permitted by law, neither the City nor the County will grant or
cause, consent to, or allow the granting of any franchise,
certificate of authorization, or permit to any person, firm,
corporation, or public body, agency or instrumentality whatsoever
(other than the County) for the furnishing of water or wastewater
services to or within the incorporated area of the City.
SECTION 6.07. IMPOSITION OF SPECIAL ASSESSMENTS.
(A) Provided the County has, or has identified within its
most recently adopted water or wastewater capital improvement plan,
19 of 28
adequate treatment capacity, the City shall have the power and
authority to finance, construct, acqui=e or extend water or
wastewater transmission, distribution or collection facilities and
improvements, cause the connection of said improvements to the
County treatment facilities, and impose special assessments
therefore on any benefitted parcels lying within the incorporated
area of the City or in any adjacent unincorporated area.
(B) The County shall also have, and the City hereby consents
to, the power and authority to finance, construct, acquire or
extend water or wastewater transmission, distribution or collection
facilities and improvements and impose special assessments
therefore upon benefitted parcels located within the incorporated
area of the City. However, the County shall first notify the City
of its intent to embark upon any special assessment project within
an incorporated area of the City and provide a period of 60 days
for the City to opt to finance, construct, acquire or extend the
proposed facilities and improvements and impose special assessments
upon benefitted parcels. Such notice from the County shall include
a description of the project, plans and specifications, an
assessment plat, estimated total cost, a proposed assessment roll,
the_.proposed method and estimated costs of financing, and the
proposed apportionment method showing the proposed assessment for
each benefitted parcel.
(C) The County may request in writing that the City impose a
special assessment for water or wastewater improvements under the
provisions of Chapter 170, Florida Statutes or in the alternative,
20 of 28
pursuant to the City's home rule powers. Such request from the
County shall include a description of the project, plans and
specifications, an assessment plat, estimated total cost, a
proposed assessment roll, the proposed method and estimated costs
of financing, and the proposed apportionment method showing the
proposed assessment for each benefitted parcel. After receiving
such information, the City shall conduct a hearing under either
Section 170.08 F.S. or the City's procedures for levying a home
rule special assessment as to the propriety and advisability of
making the improvements and funding them with special assessments.
Following the testimony at the hearing, the Council shall make a
final decision on whether to levy the special assessments. If the
Council elects not to levy the special assessments, the County may
proceed by law to levy the special assessments and the City's
election not to levy the special assessment shall constitute
complete and full authority for the County to levy such special
assessment.
(D) Any construction, acquisition, or extension of water or
wastewater transmission, distribution, or collection facilities or
improvements and any connections to the County water or wastewater
system shall comply with all uniform construction standards and
connection requirements adopted by the County from time to time.
(E) The City will own any water or wastewater improvements
which are constructed with funds for which the City imposes special
assessments. After the improvements are constructed, the City may
transfer such improvements to the County and the County shall
21 of 28
accept the improvements as part of the County Utility System.
While the improvements are in the ownership oft he City, the County
shall operate, maintain, repair, and replace, if necessary, such
improvements as if the improvements were part of the County's
utility system. The County's cost to operate, maintain, repair and
replace such improvements shall be included in the County's usual
utility charge to its customers.
SECTION 6.08. CONCURRENCY; SYSTEM EXPANSION OBJECTIVES.
(A) The construction, expansion or acquisition of any water
or wastewater utility facilities by the County, or major
alterations which affect the quantity or quality of the level of
service provided or available within the incorporated areas of the
City shall be consistent with the applicable local government
comprehensive plans adopted pursuant to Chapter 163, Part II,
Florida Statutes; provided, however, no local government
comprehensive plan shall require the County or the City to
construct, expand, or perform a major alteration of any public
facility which will result in the impairment of covenants and
agreements relating to any bonds or other obligations issued by
either the County or the City.
_ (B) The County and the City hereby establish common goals and
objectives to extend and expand the resulting water and wastewater
system to be operated by the County both inside and outside of the
incorporated area of the City:
(1) Within 18 months of the transfer of the Sebastian
Utility System to the County as contemplated in this Agreement, to
22 of 28
furnish water service to all lots or parcels within the area
designated as Phase I on Appendix E hereof.
(2) Within 36 months of the transfer of the Sebastian
Utility System to the County as contemplated in this Agreement, to
furnish water service to all lots or parcels within the area
designated as Phase II on Appendix E hereof.
(3) Within 54 months of the transfer of the Sebastian
Utility System to the County as contemplated in this Agreement, to
furnish water service to all lots or parcels within the area
designated as Phase III of Appendix E hereof.
(4) To timely cooperate, plan, advance, expand and
construct additional water and wastewater treatment facilities to
assure such treatment capacity is available concurrent with the
demands of new growth or the expansion or extension of water or
wastewater transmission, distribution or collection facilities by
either the City or the County.
The County will furnish water or wastewater service earlier
than the time period established iht his Section if a public health
problem occurs or the demand for such service makes the service
economically feasible.
- The County will provide wastewater service simultaneously with
the installation of public water service in any designated area if
the City requests such service in writing, and the County has the
wastewater
approved by
service.
treatment capacity available and a financing plan
the City and County is developed for providing such
23 of 28
ARTICLE VII
GENERAL PROVISION8
SECTION ?.0L. TI~E IS OF THE ESSENCE. Time is of the essence
in this Agreement. Time periods specified in this Agreement shall
expire at midnight on the date stated unless the parties agree in
writing to a different date or time. Any time period provided for
herein which ends on Saturday, Sunday or a legal holiday shall
extend to 5:00 p.m. on the next business day.
SECTION 7.02. APPLICABLE LAW; ~UR~SDICTION~DVE~u~.
(A) This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
(B) The parties to this Agreement expressly consent to the
jurisdiction of and agree to suit in any court of general
jurisdiction in the State of Florida, whether state, local or
federal, and further agree that venue shall lie in Indian River
County, Florida.
SECTION 7.03. FAILUR~ OF PER~OR~%NCE.
(A) A breach of this Agreement shall mean a material failure
to comply with any of the provisions of this Agreement~ If'any
party breaches any obligation herein, then, upon receipt of written
not~ce by the non-breaching party, the breaching party shall
proceed diligently and in good faith to take all reasonable actions
to cure such breach and shall continue to take all such actions
until such breach is cured.
(B) If either party fails, neglects or refuses to perform
this Agreement, the non-breaching party may seek specific
24 of 28
performance without thereby waiving any
resulting from the other party' s breach.
SECTION 7.04. NOTI~.
(A) All notices, certificates or other
hereunder shall be sufficiently given and shall
when hand delivered or mailed by registered or
action
for damages
postage prepaid,
communications
be deemed given
certified mail,
to the parties at the following addresses:
To the
County Administrator
1840 25th Street
Vero Beach, Florida 32960
with a copy to:
County Attorney
1840 25th Street
Veto Beach, Florida 32960
To the City:
City Manager
1225 Main Street
Sebastian, Florida 32958
with a copy to:
City Attorney
Potter, McCleltand, Marks & Healy, P.A.
700 Babcock Street, .Suite 400
Melbourne, Florida 32901
Any written notice given to one person in subsection (A)
to all other
. (B)
of this Section shall also be copied and provided
persons identified in subsection (A).
(C) The parties may, by notice in writing given to the
others, designate any future or different addresses to which the
subsequent notices, certificates or other communications shall be
25 of 28
sent. Any notice shall be deemed given on the date such notice is
delivered by hand or by facsimile transmission or 5 days after the
date mailed.
SECTION 7.OS. PROFESSIONAL FEES; COSTS.
(A) Each party shall be responsible for securing its own
counsel for representation relative to the negotiation of this
Agreement, and all other matters associated with performance,
cancellation or closing hereunder; unless otherwise specified
herein, and each party shall be responsible for the payment of the
fees of its own attorneys, bankers, engineers, accountants, and
other professional advisors or consultants in connectiontherewith.
(B) In any litigation arising out of this Agreement, the
prevailing party in such litigation shall be entitled to recover
reasonable attorney's fees and costs.
SECTION 7.06. A~HIGNMENT. Neither the City nor the County
shall have the power or authority to assign this Agreement or any
of their rights, duties or obligations hereunder to a third party.
This Agreement is solely for the benefit of the County and the
City, and no claim or cause of action shall accrue to or for the
benefit of any third party by reason hereof.
_.SECTION 7.07. AMENDMENTS AND FAIFEP~. No amendment,
supplement, modification or waiver of this Agreement shall be
binding unless executed in writing by all parties hereto. No
waiver of any of the provisions of this Agreement shall be deemed
or shall constitute a waiver of any other provision of this
26 of 28
Agreement, whether or not similar, unless otherwise expressly
provided.
SECTION 7.08. ENTTI~ AGREF~NT; RECORDXNG.
(A) This Agreement is the entire agreement between the
parties pertaining to the subject matter hereof, and supersedes all
prior and contemporaneous agreements, understandings, negotiations
and discussions of the agreements, understandings, negotiations and
discussions of the parties, whether oral or written, and there are
not warranties, representations or other agreements between the
parties in connection with the subject matter hereof, except as
specifically set forth herein.
(B-) Upon execution hereof by all parties, the County and the
City shall deliver a fully executed copy of this Agreement,
together with all appendices hereto, to the Clerk of the Circuit
Court for recording pursuant to Section 163.01, Florida Statutes.
IN WITNESS wamREOF, the County and the City have caused this
Interlocal Agreement to be duly executed and entered into on the
date f~rs.t above written.
(SEAL) ' '
ATTE.~%~.: ? ~...,
JEFFREY K. BARTON, Clerk of the
CirCuit Court and Ex-Officio Clerk
of the Board of County Commissioners
of~iIndian River County, Florida
By:
Deputy Clerk
27 of 28
(SEAL)
ATTEST:
KATHRYN M. O' HALLORAN,
City Clerk
Ci. ty }~./Clerk
THE CITY OF SEBASTIAN, FLORIDA
Mayor
- ' - C~ifSon~.'kJ]~cCLelland, Jr.
28 of 28
~"~' ~ '~ 10:4BG~9 ~yp~? MIL.L.E~ OLIVE
S~0~e~. 29, 1995
Board o~ County Comm/~sloner~ o£
Zndian River County, Florida
Veto Bea~%, Florida
City Commission of
.City of Sebastian, Florida
Sebastia~, Florida
NBIA Inaursnoe corporation
Az'monk, New York
KE: City of Sebastian, Florida
Utilities Syste~Reve~lue ~onds, Series 1993
Ladies at.l Gentlemen:
Revenue Bonds ,:,..-.~..-~.,..~.~.~e=,,as.~an, _Fl?ri_da_ Utilities System
aeze.asea in connection wi~h ~ha aoqutsition by In~%~- o~-,.,~.,.
Florida ~.w- N~ .... ~... ...... - ...... -~
. _ Y ) ~ ~u~t to an zn~lo~l a~e~t
.~ ..... '~. ~-=~ ;. n~ ~o ~ea~ the Defeased o
be B nde are
.. ~nq deposzted ~d held purs~t ~ ~e ~
~e "~ ~ ~e~ent
~d ~o~ ~e ~i~y, ~e ~=y ~d ~e ~ of N~ York
co. any of Florida, N.A., as ~ Holder.
~ We ~e of ~e op~i~ ~=,~e hold~s of ~e Defused ~onds
rioht to ~orazlng ~e_zssu~oe of su~ ~s, o~er ~an
IEXH!BIT ".A, "[
~ Z~:4BP~9 t~2Y~NT MZL.~ OLIVE
ANT, NILL~ AND OLIVE, : · A.
RESOLUTION NO. 95-102
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA PROVIDING FOR THE
ACQUISITION FROM THE CITY OF SEBASTIAN, FLORIDA OF ITS
WATER AND SEWER SYSTEM; APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT
PROVIDING FOR THE TRANSFER OF THE CITY OF SEBASTIAN WATER
AND WASTEWATER SYSTEM; PROVIDING FOR THE DEFEASANCE OF
THE $5,000,000 CITY OF SEBASTIAN, FLORIDA UTILITIES
SYSTEM REVENUE BONDS, SERIES 1993 IN CONNECTION
THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE
PURCHASE OF FEDERAL SECURITIES; APPOINTING AN ESCROW
AGENT; ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN
ACQUISITION COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-
EXEMPT FINANCING; MAKING CERTAIN OTHER COVENANTS AND
AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that:
SECTION 1. AUTHORITY FORTHISRESOLUTION. This Resolution is
adopted pursuant to the Constitution of Florida, Section 125.01,
Florida Statutes, and other applicable provisions of law.
SECTION 2. DEFINITIONS. Unless the context otherwise
requires, the terms used in this Resolution shall have the meanings
specified in this section. Words importing singular number shall
include the plural nT~mher in each case and vice versa and words
importing persons shall include firms and corporations.
"Acquisition Agreement" shall mean that certain Intgrlocal
Agreement for the Transfer of the City of Sebastian Water and
Wastewater System between the City and the County, the form of
which is attached hereto as Exhibit A, pursuant to which the County
is to acquire the City System from the City.
"City" shall mean the City of Sebastian, Florida.
EXHIBt'T' "B",'I
"City Bonds" shall mean the outstanding principal amount of
the City of Sebastian, Florida Utilities System Revenue Bonds,
Series 1993.
"City Bond Resolution" shall mean Resolution No. R-93-67 as
adopted by the City and as amended from time to time.
"City System" shall mean the water and sewer system of the
City existing on the date of the acquisition thereof by the County
in accordance with the terms hereof.
- "County" shall mean Indian River County, Florida, a political
subdivision of the State of Florida.
"Paying Agent" shall mean, as to the City Bonds, The Bank of
New York (formerly Barnett Banks Trust Company, N.A.), its
successors and assigns, as paying agent and registrar for the City
Bonds.
"Registrar" shall mean, as to the City Bonds, the Paying
Agent.
"Resolution" shall mean this resolution as from time to time
amended or supplemented, in accordance with the terms hereof.
"System" shall mean the water and sewer systems owned and
operated by the County, wherever located in the County, together
with any and all improvements, extensions and additions thereto
hereafter constructed or acquired and any physically independent
water or sewer system hereafter made a part of the System by
resolution of the Board of County Commissioners together with any-
and all improvements, extensions and additions thereto hereafter
constructed or acquired.
2
SECTION 3. FINDINGS. It
and declared that:
(A) The County now owns,
is hereby ascertained, determined
operates and maintains the System
and will continue to derive revenue from the rates, fees, rentals
and other charges made and collected for the service of such
System.
(B) The County deems it necessary and in its best interest of
and in furtherance of the health and safety of the citizens and
re. sidents of the County and the City to provide for the acquisition
of the City System from the city. The acquisition program herein
described will be advantageous to the County by allowing it to
operate an integrated System within the County in order to better
ser~e the citizens and residents of the County.
SECTION 4. AUTHORIZATION OF ACQUISITION OF T~E CITY SYSTEM.
There is hereby authorized the defeasance of the City Bonds in the
manner provided herein and in the Acquisition Agreement; and the
acquisition of the City System, in accordance with the terms and
conditions of the Acquisition Agreement, is hereby authorized. The
execution and delivery of the Acquisition Agreement, in
substantially the form attached hereto as Exhibit A, is hereby
approved and the Chairman, Vice Chairman and County Clerk are
hereby authorized and directed to execute the Acquisition Agreement
in substantially the form attached hereto as Exhibit A to indicate
the County ' s acceptance thereof, subject to such changes, i
insertions or omissions as may be approved by the Chairman, Vice
Chairman and County Clerk executing same, and the execution of the
3
acceptance of the Acquisition Agreement by such authorized officer
of the County shall be conclusive evidence of any such approval.
Following the execution and delivery of the Acquisition Agreement
by the County and the City, the County Clerk is hereby authorized
and directed to cause the Acquisition Agreement to be recorded in
the public records of Indian River County, Florida. Upon the
acquisition of the City System, the City System shall be integrated
into the System to be operated by the County thereafter as part of
th~.System, and no separate accounting for the City System shall be
required thereafter.
SECTION 5. AUTHORIZATION OF DEFEASANCE OF CITY BONDS.
Subject and pursuant to the provisions hereof, the obligations of
the City known as the City of Sebastian, Florida Utilities System
Revenue Bonds, Series 1993 are authorized to be defeesed by the
County in the aggregate principal amount of not exceeding
$5,000,000. At the closing of the acquisition and transfer of the
City System to the County, the County shall deliver to the escrow
holder (the "Escrow Holder") under the Escrow Deposit Agreement, as
hereinafter defined, in escrow, either Federal Securities (as
defined in the City Bond Resolution), or cash in an amount
sufficient to enable the Escrow ~older to acquire Federal
Securities, each in a principal amount and bearing interest and
maturing at such time as to enable the Paying Agent for the City to
redeem the City Bonds on their respective maturity dates and to~
defease the lien of the City Bond Resolution on the City System in
accordance with Section 5.07 of the City Bond Resolution.
authorized
deposit to the
Agreement.
SECTION 8.
appointed to
SECTION 6. ESCROW DEPOSIT AGREF24ENT. The execution and
delivery of the Escrow Deposit Agreement (the "Escrow Deposit
Agreement") to provide for the deposit of Federal Securities with
the Escrow Holder to accomplish the defeasance of the City Bonds,
in substantially the form attached hereto as Exhibit B, is hereby
approved, and the Chairman, Vice Chairman and County Clerk are
hereby authorized and directed to execute the Escrow Deposit
Agreement in substantially the form attached hereto to indicate the
C~unty's acceptance thereof, subject to such changes, insertions or
om/ssions as may be approved by the Chairman, Vice Chairman and
County Clerk executing same, and the execution of the acceptance of
the Escrow Deposit Agreement by such authorized officer of the
County shall be conclusive evidence of any such approval.
SECTION 7. PURCHASE OF FEDERAL SECURITIES. The Clerk of the
Circuit Court in and for Indian River County, in consultation with
the Director of the Office of Management and Budget, is hereby
to select and purchase the Federal Securities for
Escrow Account created under the Escrow Deposit
ESCROW HOLDER. The Bank of New York is hereby
serve as Escrow Holder under the Escrow Deposit
Agreement.
SECTION 9. DECLA~ATION OF INTE/~T. The County hereby expresses
its intention to be reimbursed from proceeds of a future tax-exempt-
financing for capital expenditures to be paid by the County in
connection with the acquisition of the City System through the
5
Resolution is
intent" within
Regulations.
SECTION 10. EXECUTION OF
defeasance of the City Bonds as herein authorized. Pending
reimbursement, the County expects to use funds on deposit in the
County's water and sewer system enterprise fund and/or the County's
general fund to pay the costs of acquiring the City System through
the defeasance of the City Bonds. It is not reasonably expected
that the total amount of debt to be incurred by the County to
reimburse itself for expenditures paid with respect to the
acquisition of the City System will exceed $5,000,000. This
intended to constitute a "declaration of official
the meaning of Section 1.150-2 of the Income Tax
DOCUMENTS. The Chairman and Vice
Chairman of the Board of County Conissioners, the County Finance
Director, the County Administrator and the County Attorney or any
other appropriate officers of the County are hereby authorized and
directed to execute any and all certifications or other instruments
or documents required by this Resolution, the Acquisition
Agreement, the~ Escrow Deposit. Agreement or any other document
referred to above as a prerequisite or precondition to the
acquisition of the City System through the defeasance of the City
Bonds~ and any representation made therein shall be deemed to be
made on behalf of the County. ~
SECTION 11. SEVERABILITY. If any one or more of the
covenants, agreements or provisions of this Resolution should be ·
held contrary to any express provision of law or contrary to the
policy of express law, though not expressly prohibited, or against
6
public policy, or shall for any reason whatsoever be held invalid,
then such covenants, agreements or provisions shall be null and
void and shall be deemed
agreements or provisions
assumed hereunder.
separate from the remaining covenants,
of this Resolution or of the City Bonds
SECTION 12. INCONSISTENT RESOLUTIONS. Ail prior resolutions
of the County inconsistent with the provisions of this Resolution
are hereby modified, supplemented and amended to conform with the
provisions herein contained.
SECTION 13. EFFECTIVE DATE. The provisions of this
luti0n shall take effect immediately upon its passage.
PASSED AND ADOPTED the 12 day of SeptembeP , 1995.
Reso-
BOARD~OF COUNTY COMMISSIONERS
INDIAN RIVER COU~Y, FLORIDA
Chairman
(SEAL)
^,,.., _a AS TO
A~:¢.,i L F_OAL
C,'-.arles P. Viu,;nac
County
City of Sebastian
1225MAIN STREET g SEBASTIAN, FLORIDA32958
TELEPHONE (407) 589-5330 g FAX (407) 589-5570
CERTIFICATION
:This is tO certify that this is a true and correct copy of Ordinance No. O-95-25,
~:~i, ~a~!,o'Pt~. ~hy)the Sebastian Cit3' Council at its September 27, 1995 Regular Meeting.
CMC/AAE
~PP~NI)IX
AN OP.D IN~NCE OF THE CiTY OF SEBASTIAN,
FLORIDA, CONSENTING TO ."~HE TNDO~ITION OF
SPECI~ ~SESS~S ~ OR 'r~ ~CLU~ION OF
~L OF ITS ~CO~O~TED ~ ~ O~ OR
~ ~CI~ SER~CE BE~FIT ~TS C~D
BY I~ R~R CO~Y TO P~DE ~R OR
~'~ATER FACILITIES, SE~S OR P~G~;
PROVIDING FOR S~v~ILITY~ ~ P~DING ~
E~ECT~ DATE.
NOW,
OF SEB/~STIAN, FLORIDA:
SECTION 1.01. FINDINGS.
determined, and declared that:
T~-P-EFOI~E, BE IT ORDAINED BY T~ CiTY COUNCIL OF THE CITY
It is hereby ascel-~ained,
_ (A) Section 125.01(1)(q), Florida Statutes, provides
legislative authorization for the govel-ning body of a cou/~ty to
establish a municipal sel-vice benefit unit for all or any part of
~he unincorporated area within its boundaries, or within the
municipal boundaries of an incorporated area upon consent of the
governing body of the affected municipality, within which may be
provided water or wastewater facilities, se.--vices or programs, and
other related essential facilities and municipal services.
(B) The Board of County Commissioners of !ndia/~River County,
Florida (the "County") and the 'City Council of the City of
Sebastian (the "City") have entered into an interlocal agreement
providing for the transfer of the City's water and wastewater
unility system to the County which authorizes the County to provide
such services within the incorporated areas of the City. This
ordinance shall be construed as authorizing the County to establish
a municipal service benefit unit and or to Lmpose and collect water
C-1
and
city.
that the
was~ewater assessments within the incorporated area cf the
The City Council of the City of Sebastian has determined
creation of a municipal service benefit unit and or the
providing
water and wastewater sel-vices, facilities and programs is in the
best interests of the owners of property within the corporate
limits of the City.
SECTION 1.02. CONSENT OF ~ CITY OF SEBA~TI]tN. The City
imposition of special assessments for the purpose of
Council of the City of Sebastian hereby consents to the inclusion
o~ -all of the incorporated area of the City within one or more
municipal service benefit units created by the County to provide
water and wastewater services, facilities, and programs and or to
the imposition of a special assessment for such purposes. Such
consent shall become effective upon adoption of this Ordinance and
transfer of t_he Cit~ s water and wastewater utility system tc the
County pursuant to inter!ocal agreement. The City Council finds
that such provision of water and wastewater services, facilities
and programs is an essential municipal purpose.
SECTION 1.03. ~v~RAB!LITY. The provisions of this Ordinance
are severable; and if any section, subsection, sentence, clause or
provision is held invalid
the remaining provisions
thereby.
SECTION 1.04. EFFECTIVE
effect as provided by law.
by any court of competent jurisdiction,
of this Ordinance shall not be affected
DATE. This Ordinance shall tak~
C-2
(SEAL)
CITY COUNCIL OF THE
CIT~ OF SEBA~T~T~tN, I~OP. IDA
Mayor
ATTEST
Clerk
C-3
CERTIFICATE REAFFIP~IN~ REPRESENTATIONS
WHEREAS, Indian Rive~'County, Florida, a political subdivision
of the State of Florida (the "County"), and the City of Sebastian,
a municipal corporation and body politic existing under the laws of
the State of Florida, (the "City"), entered into that certain
Interlocal Agreement Providin-
tge City ~f Sebastian Water and Wastewater Svste
TM ~- ~- ~_of
EREAS, Section 5.02 of ~he Interlocal Agreement p~ovides
that each party deliver a c~rtiflcate to the other reaffirm
representations and warranties therein, lng the
NOW,
Agreement,
following:
THEREFORE, to comply with Section 5.02 of the Interlocal
the City does hereby certify to the County the
1.' That the representations and warranties of the City in the
Interlocal Agreement are true and correct in all material
-' respects as of the date hereof with the same effect as if such
representations and warranties were made or given on the date
hereof; and
2. That the City has perforated in all material respects all of
its obligations and has complied with all of the covenants and
agreements required by the Interlocal Agreement to be
performed or complied with by the City prior to or on the date
hereof, unless waived in writing by the County.
IN WI~N~ WHEREOF, th~ City hgs executed this certificate as
of this ~ day of ~~ , 1995.
THE CITY OF SEBASTIi%N, FLORIDA
(SEAL)
ATTEST:
Mayor
KATHRYN M. O'HALLOPu%N,
City Clerk
APPENDIX "D"
D-1
WHEREAS, Indian River County, Florida, a political subdivision
'of the State of Florida (the "County"), and the City of Sebastian,
a municipal corporation and body politic existing under the laws of
the State of Florida, (the "City"), entered into that certain
Interlocal Agreement Providing for the Transfer and Assumption of
the City of Sebastian Water and Wastewatsr System on the 2-~ day
of ~/~/~j , 1995 (the "Interlocal Agreement"); and
WHEREAS, Section 5.02 of the Interlocal Agreement provides
that each party deliver a certificate to the other reaffirming the
representations and warranties therein.
NOW, THEREFORE, to comply with Section 5.02 of the Interlocal
Agreement, the County does hereby certify to the City the
following:
1. That the representations and warranties of the County in the
Interlocal Agreement are true and correct in all material
respects as of the date hereof with the same effect as if such
representations and warranties were made or given on the date
hereof; and
That the County has performed in all material respects all of
its obligations and has complied with all of the covenants and
agreements required by the Interlocal Agreement to be
performed or complied with by the County prior to or on the
date hereof, unless waived in writing by the City.
IN WITNESS WHEREOF, the C.ount~ has executed this certificate
as of this ~ ~ day o~ ~~6'~ , 1995·
BOARD OF COUNTY COI~ISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
/
· '~r~i~ ~: :(:~.__~ ~ /~bairman 'KENNETH R. MAC'PT
JE. FFREY~. ~BAR~!~erk of the
Circuit ~j~-~-fficio Clerk
of the Board, o~C~uhty,. ~omm~ss~oners
of Indian Ri~'~i~3unt~, Florida
B
Deputy Clerk ¢ ~- APPR0,/~u AS T0 FORM
AND LSGAL SUFFICISNCY:
~n,y Ai',C~ ney
DEED
THIS DEED, made this ~ day of September, 1995, by the CITY
OF SEBASTIAN, FLORIDA, party of the first part, and INDIAN RIVER
COUNTY, FLORIDA, party of the second part,
_ WITNESSETH that the said party of the first part, for and in
consideration of the sum of Ten Dollars ($10.00) to it in hand paid
bY the party of the second part, receipt whereof is hereby
acknowledged, has granted, bargained and sold to the party of the
second part, the following described land lying and being in Indian
River County, Florida:
See Exhibit "A,, attached hereto and by this
reference made a part hereof.
SUBJECT TO:
Taxes and assessments for the year 1995 and subsequent
years.
Ail laws, ordinances and governmental regulations,
including, but not limited to, all applicable building,
zoning, land use and environmental ordinances,
regulations, restrictions, prohibitions and other
requirements, none of which will prevent or hinder the
present use of the Property.
Restrictions and easements for utilities and drainage set
out in recorded plats of subdivisions.
4. Restrictions of record.
Ail matters which would be disclosed by an accurate
survey of the Property.
D-3
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its City Council
acting by the Mayor of said Council, the day and year aforesaid.
Printed Name of Witness
Witness
Printed Name of Witness
Printed Name of Witness
Witness
Printed Name of Witness
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER §
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
City Council
Arthur L. Firtion, Mayor
(OFFICIAL SEAL)
ATTEST:
~athryrf M.' O'Halloran, CMC/AAE
APPROVED AS TO FORM
AND-LEGAL SUFFICIENCY:
ChaHes P. Vilunac
Counly Allome¥
The foregoing Deed was sworn to and subscribed before me this
~ day of September, 1995 by Arthur L. Firtion, Mayor of the
City of Sebastian and Kathryn M. O'Halloran, CMC/;LAE, on behalf of
the City. Arthur L. Firtion and Kathryn M. O'Halloran are
personally known to me
-as ident~fic~tion--a~-d~c~a~e_an_oath.
Printed Name: f ~/~ /~- /~'L£ ~,,,~'
Notary Public, State of Florida
At Large
My Comm%ssion Ex~ires:
Commission No.: C~. /~ /~&/
D-4
OFFICIAL SEAL
LEA R. KELLER
My Commis$1oa Expires
May l~. 1996
Comm. No. CC 194154
PARCEL !:
All of Tract "D" as _h_wn~ ~ on the plat of SEBASTI~ NIGHL~'DS
UNIT--17, as recorded in Plat Book s, Page 46, Public R~cords of
River County, Florida.
PARCEL-II:-
A parce'l of land located in the Northeast 1/4 of the Northeast
I/4;
LESS the East 20 acres thereof and a portion of the Southeast
j.1/4 of the Northeast-1/4 of Section 18, Township 31 south, Range
39 East, Indian River County, Florida, and being more
"parttcularl~ described as follows=
-Begin at the Northeast corner of said Section lS, Township 3I
_South, Range 39 East; thence South S9'22'36" West, along the
North line of the said Northeast 1/4 of Section lS, a distance
of 6~7.4S feet to the ~orthwest corner of the said Bast20 acres
of the Northeast 1/4 of the Northeast 1/4; thence South
00"0i'24'~ West, along the West line of the said ~ast 20 acres, a
distance of !325.$5 feet, to a point in the south line of the
sai~ Northeast 1/4 of the Northeast 1/4; said point also being
the Northwest corner of Sebastian Highlands Uni~ 9, as recorded
in ~lat Book 6, Page 36A, Public Records of In~ian River county,
~lcri~a; thence continue along the bounda~ of said plat of
Sebastian Highlands Unit 9, the following courses and ~istances:
thence continue South 00e01'24~ West, a distance of 130.66 fee%
to a point in a curve concave to the South'=est having a radius
6f 4S5.64 feet, the chor~ of which bears North 8~"20,21,, west;
thence Westerly along the arc of said curve, a distance of 70.30
feet, through a central angle of o9'=4'48~', departing said
platted boundary;
thence No=th 00.01,24~ East, a distance of 54.1! feet;
thence South S9.19,O2,~ West, a distance of 71.~ feet more or
less, to tbs Easterly waters edge of Schumann Lake;
thence Northwesterly, Westerly, Southerly, Southeaster!~,
Southwesterly, Westerly and Southprly meander the waters edg~.cf
Schumann Lake, a distance of 1847 feet, more or !ess, to the -
South line of the said.Southeast 1/4 of the Northeast 1/4; :
thence South 89.1~,27- West, along the South line of the said
Southeast 1/4 of the Northeast 1/4, a distance of ~7.~ feet,
more or less, to the southwest corner of the said southeast !/4
.of the Northeast 1/4;
thence North 00-~1,25- West, along the West line of the sa{d
East 1/2 Of the Northeast 1/4, a distance of 2652.47 feet to tSe
aforesaid North llne of the Northeast 1/4;
thence North 89'22'36" East along the said North line, a
distance of 673.1~ feet to the Point of Beglnnin~.
PARCEL III:
The East ZOO feet of Tract "A", SESASTIA_N HIGHL~DS, UNIT 9,
according to the plat thereof, recorded in Plat Book 6, Page 36
and 36A, Pub!fo Records of Indian River County, Florida.
D-5
This instrument prepared by or under the supervisio~ of:
~leme: CLifton k. HcCteiiand, Jr., Esq.
Potter, NcCteiLand, Marks & Heaty,
A~ress: 700 S. 8a~k Street, Suite 400
Me[~ur~, FL ~2901
SILL OF SALE
THIS BILL OF SALE evidencing the sale and conveyance of the
Sebastian Utility System, as described in that certain Interlocal
ay os ..o~~ , 1995 by City of Sebastian, a municipal
corporation and body politic existing under the laws of the State
of Florida, (the "City"), whose address is 1225 Main Street,
Sebastian, Florida 32958, hereinafter called the seller, to Indian
River County, Florida, a political subdivision of the State of
Florida, whose address is 1840 25th Street, Vero Beach, Florida
329.60, hereinafter called the buyer;
WITNESSETH; That the seller, for and in consideration of the
sum of $10.00 and other valuable considerations, receipt whereof is
hereby acknowledged, by these presents does grant, bargain, sell,
alien, remise, release, convey and confirm unto the buyer, all that
certain personal property which is a part of the Sebastian Utility
System situate in Indian River County, Florida, as more
particularly described on Exhibit A attached hereto and
incorporated herein.
SAID Sebastian Utility System also includes all the tenements,
hereditaments and appurtenances thereto belonging or in anywise
appertaining, including but not limited to, all water and
wastewater facilities of every kind and nature lying within public
rights-of-way and all appurtenant easement rights for the
operation, installation and maintenance of said facilities.
SUBJECT TO the Interlocal Agreement Providing for the Transfer
and Assumption of the City of Sebastian Water and Wastewater System
dated September 20, 1995 between the buyer and seller and the
obligations, duties and liabilities assumed by the buyer
thereunder.
TO HAVE AND TO HOLD, the same in fee simple forever.
COUt,'TY ATTORH5¥'$ OFFICE
IH31AN RIVER CCUNTY
Veto 5~ach, Florida ~29b0
D-6
IN WITNESS WHEREOF the seller has caused these presents to be
executed in its name, and its corporate seal to be hereunto
affixed, by its proper officers thereunto duly authorized, the day
and year first above written.
W:ness
Printed Name of Witness
Witness
Printed Name of Witness
CITY OF SEBASTIAN, FLORIDA, a
Municipal corporation, by its
city Council
(OFFICIAL SEAL)
Printed Name of Witness
~. , ' ) ~. s ./ ,
,. . ' rz .'
, ..
Witness
Printed Name of Witness
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER §
ATTEST:
KathrynlM. O'Halloran, CMC/AAE
The fo~rpgoing Bill of Sale was sworn to and subscribed before
me this ,.~! day of September, 19~5 by Arthur L. Firtion, Mayor
of the City of Sebastian and Kathryn M. O'Halloran, CMC/AAE, on
behalf of the City. Arthur L. Firtion and Kathryn M. O'Halloran
are personally known to me
Printed Name: Z~-~ P ~t_.~
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.: (~C /~%a /~
:. ~% OFFICIAL SEAL
~ ~ LEA R. K~LL~R
My Commission Expires
'~t~" Comm. No. CC 194154
D-7
EXHIBIT A
TO
BILL OF SALE
FROM
CITY OF SEB~TIAN, FLORIDA
TO
INDIAN RIVER COUNTY, FLORIDA
All of the City of SebaStian.s water production, treatment
plants, storage treatment, transmission, distribution, pumping and
other water facilities, including without limitation, water wells
and fire hydrants, and all wastewater treatment plant, wastewatsr
c~llection, transmission, pumping end disposal facilities of every
k~nd and description whatsoever, including, without limitation, all
trade fixtures, leasehold improvements, lift stations, pumps,
generators, controls, collection and transmission pipes or
facilities, valves, meters, service connections, and all other
water and wastewater service connections, and all other water and
wastewater physical facilities, together with all machinery, and
equipment used in the course of the day-to-day operations of the
City of Sebastian Water and Sewer System.
rtl
i~PPENDIX F
Service Agreements
SERVICE AGREE/~ENTS
The County specifically agrees to be bound by and substitute
for the City for any obligation which the City has arising from the
following:
(1) Agreement between Indian River County and Nelson Hyatt
dated July 11, 1989, as amended.
(2) Interlocal Agreement between Indian River County and the
City of Sebastian Re: Sebastian Lakes Service Area
Agreement dated December 29, 1994, and the Water and
Wastewater Service and Contribution Agreement dated
February 9, 1994; provided the City shall have the
-- responsibility for paying the $80,327.36 credit to the
County set out in Section 4 of said Agreement toward
future water connections to the County System if such
connections are in fact made, provided the February 9,
1994 Agreement constitutes a valid, existing agreement
which imposes liability on the City for such credit on
the date of the closing of the sale of the City of
Sebastian Water and Wastewater System to the County.
(3) Any obligations for impact fees which have been paid and
the sel-vice agreements listed on H-2.
(4) Utility Agreement dated March 4, 1993 between citrus
Utilities, Inc. and General Development Utilities, Inc.
The County will not indemnify and the City will hold the
County harmless from any and all liability arising out of
the case styled Citrus Utilities, Inc. v. General
Development Utilities. Inc. and City of Sebastian; Case
Number 94-0202-CA-03 filed in the Circuit Court of Indian
River County, Florida.
F-1
Andell, Inc.
B.W. Simpkins Trust & F.A.
Church of God, Inc.
Donald E. y
yPinder
S¢otad, Inc.
Scotad, Inc.
Trinity Lutheran Church
Roy Wissel d/b/a Wissel Construction
School District of Indian River County
Reflections on the River, Inc.
Calvary Baptist Church
Muller Enterprises, Inc.
S~bastian Lakes Association
Clare Sommers & Roberta Jones
Jean M. Burdsall
Indian River School Board
Edward V. Hulse
First Baptist Church Mission
James M. Mcclain
Sebastian Plumbing
General Development Corp.
City of Sebastian
Arnold's Air Conditioning, Inc.
M.G.B. Homes, Inc.
Fellsmere Properties, Inc.
Sebastian Vol. Fire Dept. & Rescue, Inc.
James R. Havens
Lonnie R. & Mary B. Powell
Cumberland Farms, Inc.
Drs. Peter & Katherine Gutierrez
Sebastian General Partneship B.F.T.
Barnett Bank of Treasure Coast
Sheriff Trust
March 28,
Septenaber 9, 1992
June 26, 1989
September 2, 1988
1990
August 24, 1989
June 28, 1989
April 25, 1993
February 14, 1989
Nove~uber 24, 1980
December 10, 1982
June 16, 1983
December 5, 1983
November 14, 1984
September 14, 1984
August 27, 1984
November 13, 1984
October 15, 1984
June 27, 1985
July 12, 1985
December 9, 1985
December 26, 1985
December 18, 1985
January 10, 1986
February 6, 1986
February 12, 1985
August 10, 1986
January 22, 1987
April 14, 1987
May 1, 1987
April 5, 1988
December 17, 1991
November 16, 1992
F-2
APPENDIX ~
Form of ~ssignment of Easements
This ~nstrt~ent prepared by or urger the supervision of:
Ha;e: Clifton A. McCtel{aed, Jr., Esq.
Potter, McCte{(and, Marks & Healy, P.A.
Address: 700 S. Babcock Street, Suite 400
Mell:x)urne, FL ~2901
PARCEL I.D. NO.
TAXPAYER I.D. NO.
GI~.~.NT OF EASEMENT
KNOW ALLMEN BY THESE PRESENTS that THE CITY OF SEBASTIkN, FLORIDA,
having its principal place of business at 1225 Main Street,
Sebastian, Florida 32958 (the "Grantor"), in consideration of the
sum of TEN DOLLARS ($10.00) and other valuable considerations,
receipt of which are hereby acknowledged, does hereby grant to
INDIAN RIVER COUNTY, FLORIDA, having its principal place of
business at 1840 25th Street, Veto Beach, Florida 32960 (the
"Grantee"), and to its successors and assigns, a non-exclusive
p~rpetual easement ("Easement") for the construction, maintenance
and repair of utility facilities over, upon, under, across and
through the described lands of the Grantor, situated in the County
of Indian River and State of Florida, as more particularly
described in Exhibit "A" attached hereto and by this reference made
a part.hereof (the "Easement Parcel").
The Grantor, however, reserves the right and privilege to use the
Easement in common with Grantee for all purposes except as herein
granted or as might interfere with Grantee's use, occupation or
enjoyment thereof, or as might cause a hazardous condition.
In the event that Grantee, its employees, agents or contractors
cause damage to the Easement Parcel in the exercise of the
privilege granted in this Easement, Grantee agrees to restore the
Easement Parcel so damages to its original condition and grade.
IN WZTNESSWHEREOF, the Grantor has executed this Grant of Easement
this __ day of , 1995.
GRP~NTOR:
CITY OF SEBASTIAN, FLORIDA
Witness
Name:
P?~nted #a~e:
Title:
Witness
Printed Name:
(OFFICIAL SEAL)
ATTEST:
Kathryn M. O'Hal!oran, CMC/AAE
STATE OF FLORIDA §
COUNTY OF INDIAN RIVER §
-~ The foregoing Grant of Easement was sworn to and subscribed
before me this day of , 1995 by
- , Mayor of the City of Sebastian, on behalf of the
City. He is personally known to me or has produced
as identification and did take an oath.
Printed Name:
Notary Public, State of Florida
At Large
My Commission Expires:
Commission No.:
INTERLOCAL AGREEMENT
between
INDIAN RIVER COUNTY, FLORIDA
and the
CITY OF SEBASTIAN, FLORIDA
Re: Construction of the Riverfront Water Project
THIS AGREEMENT, made this 24t, h_ day of 3anuary , 1995___, by
and between
INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, the address of which
is 1840 25th Street, Veto Beach, FL 32960 (hereafter
COUNTY),
and the
CITY OF SEBASTIAN, FLORIDA, a municipal corporation
of the State of Florida, the address of which is 1225
Main Street, Sebastian, FL 32958, (hereafter CITY),
WITNESSETH THAT:
WHEREAS, the COUNTY is constructing an extension of its public ~rater
system to the CITY limits; and
WHEREAS, the CITY proposes to build a public water project known as
the "Riverfrent Water Project," hereinafter referred to as "Project"; and
WHEREAS, the CITY finds it is in the public interest and will effectuate
cost savings to have the COUNTY construct such Project;
NOW, THEREFORE, for and in consideration of the premises and other
good and valuable consideration, the receipt of which is hereby
acknowledged, the COUNTY and the CITY agree as follows:
1. Description of Work. The COUNTY shall contract to have the Project
built in accordance with the contract documents, as attached as Exhibit
"A," by issuing change orders to its existing engineering and
construction contracts for work in the vicinity of the CITY's project.
The CITY must approve the COUNTY's change orders for the Project
prior to the COUNTY executing them and shall also approve any subse-
quent Project change orders which increase the CITY's cost.
2. Payments. The CITY agrees to reimburse the COUNTY for the Project
in the amount which the COUNTY is charged by its engineer and its
generai contractor, pursuant to the contract.
-1-
3. Progress Payments. The CITY shall reimburse the County within 30
days on the basis of applications which are submitted to the CITY and
the COUNTY by the COUNTY's engineer. The COUNTY's professional
engineer on the Project shall certify as a condition of payment that the
work has been completed in accordance with the plans and
specifications.
4. Certificate of Completion and Final Payment. The COUNTY shall notify
the CITY in writing when the work is completed. The COUNTY's
notification shall be accompanied by a certificate of the COUNTY's
professional engineer certifying completion of the work in accordance
with the plans and specifications for the Project.
5. Inst~'uments of Title. After final payment the COUNTY shall execute
appropriate instruments of title to reflect the party's interests in the
Starting and Completion Dates. The COUNTY shall proceed with
diligence on the Project. In the event the COUNTY charges
due
the
the
contractor any Hquidated damages for delay on the Project,
COUNTY will pay the CITY any liquidated damages less any costs which
may have accrued to the COUNTY.
7. Contract Documents. The Project contract documents are as follows:
A. Plans and specifications prepared by Masteller & Moler, Inc.
B. The contract between the COUNTY and its general contractor,
including the change order specifically issued for the Project.
C. The contract between the COUNTY and Masteller & Moler,
including the change order.
8. Designation of En~nser. The COUNTY designated Masteller & Moler,
Inc. as its professional engineer on this Project for the purpose of
design and performing inspection services on the Project.
9. Beneflcia~les. The COUNTY acknowledges that the CITY is to be the
beneficiary and owner of the Project.
10. CITY Du~- ~ l~y;- If for any reason the CITY is unable to use special
assessments to collect the cost of the Project from the beneficiaries of
the Project, then the CITY shall nonetheless pay the COUNTY from any
legal source of revenue, including the CITY's general fund.
2
11. Severability. If any provision of this agreement is held to be invalid
or unenforceable by a court of competent jurisdiction, the other
provisions of this agreement shall remain in full force and effect.
12. Entirety. This agreement represents the entire understanding and
agreement between the parties and no other agreements, either oral or
written, exist between the parties.
IN WITNESS WHEREOF, COUNTY and CITY have entered into this
agreement on the date first above written.
Jeffrey K. Barton.~ .Clerk
Attest:
Approved as to form and content:
CITY OF SEBASTIAN
Mayor
Clifton A. McClelland, Jr.
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
~]~~The foregoing instrument was acknowledged before me this ~ day of , 199~5~, by Kenneth R. Macht, as Chairman, anc~'~ffrey K.
Clerk~- of the Indian River County Board of County
Commissioners, on behaif of said COUNTY. ~lm~ personally ~~_
me.
Notary Pub ~
printed name:
Commission # ~.~,,. PAmlCqA M. ~IOaEL¥
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
~;0 ~o,4,,Clev~ of the City of Sebasti~f Flo~da, on be~bf ~d
CITY~ '~e~ a~ person~y known to me.. ~ ~ '~ ~f/ ~f
i~ ~,~: ~ ~8,~ ~ Com~ssion ~ ~ 7~ 7~' ~ ~
Attachment: Exhibit "A" - Contract Documents
-3-
All associated agreements, Ordinances, Resolutions and misc. documents are located
in the City Clerk's office and available for review.
D. Cyr
3/1/05