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HomeMy WebLinkAboutO-81-09 GDU WATER FRANCHISEORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FFLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A SEWAGE COLLECTION AND DISPOSAL SYSTEM WITHIN A PORTION OF THE CITY OF SEBASTIAN, FLORIDA; SETTING FORTH CONDITIONS AND PRIVILEGES ACCOMPANYING THE GRANT OF FRANCHISE; PROVIDING FOR RATES AND CHARGES, AND FOR SERVICE STANDARDS; PROHIBITING THE USE OF INDIVIDUAL SEWAGE DISPOSAL SYSTEMS AND/OR SEPTIC TANKS WITHIN THE FRANCHISE AREA; PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE VIOLATION OF SUCH PROVISIONS; AND REPEALING ORDINANCE NO. 175 AND 203 AND ANY ORDINANCES GRANTING A SEWER FRANCHISE WITHIN THE CITY OF SEBASTIAN, FLORIDA TO GENERAL DEVELOPMENT CORPORATION, A DELAWARE CORPORATION OR GENERAL DEVELOPMENT UTILITIES, INC., A FLORIDA CORPORATION. Florida: BE IT ORDAINED by the City Council of the City of Sebastian, WHEREAS, the City Council of the City of Sebastian, Florida, may grant public sanitary sewerage franchises to applicants 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 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 Company 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, 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: 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 sewer system within Units 7, 9, Phase I of 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, and made a part hereof, and in connection therewith, to construct, maintain, and repair sewer lines, conduits, manholes, service pipes, pumping stations, disposal 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 disposal 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 constructed in accordance with plans and specifications approved by the City Engineer and the Florida Department of Environmental Regulation. The manor 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 Environmental Regulation. The City Engineers shall make inspection during construc- tion of the facilities. The Utility shall pay to the City such reasonable permit fees as set forth in the fee schedule established by Resolution 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 information shall be furnished to the City on reproducible mylars. Section 2: For the purpose of carrying into effect the privileges and purposes granted by this franchise, the owner of said franchise is hereby authorized to make all necessary excava- tion in said roads, streets, alleyways and public grounds situated in the area aforedescribed. 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 -2- 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 practicable after such excavation, be replaced by Company at its expense and in as good condition as it was at the time of such excavation. 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 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 Schedule "1" attached hereto and made a part hereof 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 writing of same. Within 60 days after notice as aforesaid, the Council shall authorize and hold a public hearing and within 30 days after such public hearing, if the Council shall 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 guarantee for a period of 90 days. In the event the Council should deny the raise at any time during this 90 day period, the Company shall refund to its customers the monies collected by virtue of the raise. However, -3- upon the expiration of the said 90 day period, if no action is taken by the Council theretofor, 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 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 operating 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, 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 contributed 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 investment in property required by duly authorized governmental authority to be constructed in the public interest within a reasonable time in the future, not to exceed 24 months. (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 -4- 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 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 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 decreased by the utility, without action by the Council upon verified notice to the Council 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 utility, or supplier of electric power. 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 shall be guilty of a felony of the third degree, punishable as provided in § 775.082, ~ 775.083, or § 775.084, Florida Statutes. (c) If, within 24 months of an adjustment 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 -5- of return, it may order the utility to refund the difference to the rate payers. This provision shall not be construed to require a corporate performance bond not otherwise required. (c) Notwithstanding anything herein to the contrary, no utility may adjust its rates under this subsection more than two times in any 12-month period. Section 5: 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 comsumers as a direct tax upon the consumers without resort to the Council for permission to increase the Company's rates. Section 6: The Company hereby specifically agrees, that in the construction and operation of the franchised public sewage system, 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: 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 franchise 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 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 refundable or non-refundable agreements. Failing to receive said sums, the Utility shall not be obligated to extend service. Section 8: The Company shall publish rules and reg- ulations governing the sale and furnishing of its services to -6- customers, which said rules and regulations shall contain pro- visions governing the termination of its services. Said rules and regulations may be amended by the Company at any time, but such amendments 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 hereof shall be the rules and regulations in effect pursuant to this grant until modified or changed by the parties. Section 9: Individual Sewage. ?isposal 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 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. 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: 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 -7- 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 shall not withhold its consent unreason- ably and the showing of qualifications shall be conclusive evidence of the right of the Company to secure said consent for transfer. Section 12: 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. 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 systems and the rates for services therefore, the Company shall submit to the authority of the said Florida Public Service Commission and the said Council shall relinquish its control over said franchised public sewage system to the extentv that the same is assumed by, or vested in, the Florida Public Service Commission. Section 14: 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: 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, Company, its successors and assigns, shall pay to the city and its successors, 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 preceding tax year will equal six per cent (6%) of company revenues from the sale of sewage service to residential and commercial customers within the corporate limits of the Grantor, but excluding contributions-in-aid of construction and connection 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. -8- Section 16: Within a reasonable time, which time shall not exceed 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 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 in its ability to convey the system which delay was unintentional and beyond its control. Said conveyance by the utility shall be without encumberance. At this time the franchise 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 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 competent and qualified appraisers. The City shall select an appraiser, the Utility shall select an appraiser, and these two appraisers shall mutually 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. 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 franchise granted by the City shall include the above requirement. -9- Section 17: The failure on the part of the Company to comply in any substantial 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 juris- diction, with a right of appeal in either party, shall have found that Company has failed to comply in a substantial respect with any provisions of this franchise and the Company shall have six months after the final determination of 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 18: Ordinances 175 and 203 are hereby specifi- cally repealed in their entirety. Any and all ordinances granting GENERAL DEVELOPMENT UTILITIES, iNC. or GENERAL DEVELOPMENT CORPORA- TION a sewer franchiase 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 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 Fran- chise in writing. CITY OF SEBASTIAN, FLORIDA Mayor ~ ..... ~ ATTEST: I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the //~ day of ~ , 1981. ~Cit~ Cl~rk -10- 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, at ~ ~. ~. on~~;9~g~~ ~, 1981, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the //~ day of ~ , 1981. City/C leA~k -11- SEBASTtAN HIGHi. A, tt~s&te I~vER ~,,~UNTY EXHIBIT "A" SEBASTIAN SEWER FRANCHISE General Developmau~ Utilities, Inc. Sebastian Highlands Division Sewer Service GENKKAL DEVELOP~ UTILITIES, INC. SEBASTIukN 5I~S DMSION RATE SCHEDULES SEWER SERVICE Schedule 1 Original Shee~ No. 14.0 mm~x O? ~u~z s~zs Ke$~tent::f. ai Serv±ae ............................................ S~ner~l S ez~ice .................................................. Shee~ Number !5.0 16.0 Ori~:ai Sheer No. 15,0 .A. vai!abil!ry -Available :hroughour ':he area served by :ha Company APplicahil~.r7 -. For sewer service in priva:'e '=aa//ences and indivi/ua!!y-me:ared ap a=L-men:, uu.t:s. L~ua:.ious- SubJec: :o al! of :he Rules amd ~a~%~la:ioum of ~s Tariff amd :ha seneral Rules and Re~.Lz:ious of :ha Co~siou. .M~m:b_ly Re:as - $5.00 fla=.'ra:a per Terms. of Payee. n: - Bills ara due and payable when rendered and become non,ce, ha discou~d. BiLLin~ - The b~$ mo~uh dauas shall coincide ~i:h :he billing mou:h for wa:e: service. BiLls r~ndar~d ~o: lass :~ ~if~ per=~t (50%)of =he no~ pe~d ~ ~ be b~ed ~ accord~ca w~h X~a 25-10.111(2), F!or~a ~de: '~e~v~, for ~ radon, ~ha period of se~ca ~or w~ch a b~! is rm~a~ ~ lass ~ ~ p~= (50%) of ~he no~ b~g p'~iod, :ha ~ :he propo~io: :~: :he ac:~ u~ber of da~s be~$ :o a :~ (30) day (b) For se~.ce :a~ ~d~ ~ ra:e s~~ f~:y per:am: (50%) of ~o~ c~ges ~y he ~p~ed. (c) ~e pzaa:i~s ~loyed by :he. uu~ ~. :h~ r. eg~d s~ h~e Racounec:iou ~es - Sewer service dis¢omuinued for nou-paymem: of hills, be rased o~y ~ou p~n: of ~ p~u~ue b~s ~d pen~:ies, :o~euher · ~:h :he :o:~ cos: :o :~ ~y of 61sconu~g ~ raco~ecu~g sewer se~i~e Pr es idem: Gemera~ Deve!opman: Utili:ias, Luc. Sebasulau Kighlauds Divisiu Sewer Service Or!gl:al Sheer No. 16.0 AvailabiLi:T - Available uhroushouu :he area served by :he Company. Applicahi!i~..:- For 'sewer servic~ :o ge=e~a3, saz~ice .cus:~mers. :he general.:~ies and Ke~l~:ions of :he Commission. · Monuk!v Rm.:es-$5.00 fla: ra:e per mon:h, or lO0%.ofwa:er bill whichever is ~res Te_~ of_paymen:- B~ arm due and payable when ra=iered and bec:me da!!=quen: Lf hoc paid ~L: ~hiu ~enry (ZO) days, = se~iaa ~y, ~:m~ five (3) days B'~- The b~E mon:h danes sha~ coin. olde ~ri:h :he b~g mouuh for ~a: serve-ce. Bills rendered for lass :ham period '-~:~ be b~ed ~ ac~rd~ce .~L:h '~a 25-10.Li!(2), ~_or~a Code: '"~e~v~, for ~ re. on, :he period of 'reVered ~ less :~ f~ perman: (50I) of app~bla :o such s~_=a, ~c!~g ~ :he propo~ion :~: :he ac~ u~er of ~s b~s :o a :~ (30) day (a) Ope~g b~ need no: be :~er~d bu: ~y be ~ded ~ :he ue~ re~ ~nu~y (b) For se~_ma :~n ~d~ ELm: no~ ~ges ~ be (c) ~e p=ac:i~s ~loyed by :he u:~ ~ :~ r~g~d s~ have ~o~ Keconnec:!on ,Char~es- Sewer se:~rice discon:Luued for non-oath: o~ b~s oe :es~d o~y ~on o~en: of ~ p~u~ue b~s ~ ~'~ w~:h .:he :o:~ cos: :o :~ ~y of ~isao~:~g ~ reco~ec:~ sewer se~iae ~es. General Developmen: U~i!i:ies, Inc. Sebas:iau Highlands Divisiou Sewer Service GENEP~L DEVELOP.MENT UTILITIES, INC. SEBASTI~ EIGELANDS DIVISION KATES AND REGULATIONS Schedule 2 0ri~iual Sheen No. !.0 General Development Ut~Li:les, inc. 1111 Sou:h Bayshora Drive Him=t, Florida 33131 Harold E. Sch~idu Geueral Developmenu Uuillzies, Imc. Sebasuian Highlands Division Original Shem: No. 2.0 TA~L~ OF CONTISTTS Sheen Number T~%R%TORY S~RV~D .............................................. . 3 · 0 iw'~$ rrrr-~'-~t'~OU$ ....................... · ............................ 4 ..0 T~V~ "rJ~ 5 0 ~TDE% OF RULES A~D RgG~.TIONS ............................... 6.0 - 7.0 RULF~ AR-D R~GULA~IONS ......................................... 8 . 0 - 13.0 LND~I OF RAI"gS S~tTi~S ..................................... 14.0 R~T~$ SCI~D~i~%$ 15 0 16 0 STANDARD FORM~S ............................................... 18.0- 2!.0 CO~S AKD AG~F~V_NTS ..................................... There are none at the time of Original Issue. Harold E. Sch=id: .Harold .E. Schmid= General Development Utilities, Inc. Sebastian Highlands Division Sewer Service Original Sheet No. 3.0 TERRITORY SERVED All that portion of the subdivision known as Sebastain Highlands, lying within the City limits of Sebastain, Indian Eiver County, Florida. In accordance with Exhibit "A" of Ordinance # Harold E. Schmidt President General Develo.om~= U~/J.i=±as, Inc. Sebasuiau Highlands Division Sewer Service Ori$inal Sheen No. ~,0 MISCELLANEOUS Harold E..$c~,~d: President General Developman= U=I/.t:les, Ina. Sebasuiau Highlands Division Origiaai Shoe: No. 5.0 1.0 ¸2.0 3.0 6.0 ¸7.0 9.0 General Developman: Uui!!:les, Imm. Sebam:iau High.Lauds Division "Consumer"-. Amy person, firm, associa~-ion, corpora:ion, governme~Ua! agency or similar organize=ion supplied wi:h sewer se_~rica by the C~mpauy. "ServiCe" - Serv±aa, as manl:iamad im 1:his Tariff Book amd in agre~maen~: wi:h Consume=s, shall be cons=rued to ina!nde, Lu add.trion :o all :sewer service requf~ed by. the Consumer, =he r.ead!aems an~ :ab'~!i=y ou .:he par: of uhe Compamy uo fuzm~sh sewer serviae uo uha Consumer. "Co~su~?r 's. i=s:~au!.0n,, - A J_l pipes, fixu~es, app!~ ~pcas and app~au~ of ev~ ~ ~ ~:~a ~ed ~ co~e~uion ~:h or fore p~ of ~ ~s:~a:~n for u=~g sewage for ~ p~osa, locauad on uhe Co~ar's side of "?o~= of De~", ~e:her s~,~h ~:~a:!on' ~ o~md ou~Igh= "PoLu:.?fD.~liverT"- Thepoluu where ~=~e'Compauy's pipes are pipes of '~he Consumer's namely a~ ~he m~ line connec:ion in easemenus, or proper~y ~ on :he scram: side, "Main"- ShaJ.1 refer :o a pipe, ¢ondui:, or ouher fa¢i!i:y Lus=aJ_led ~o ¢onve~ sewage servia~ ~rom imd!vidual la:orals 'or ~o o~her Ma.ins. "Service Lim~s"-The pipes of =he Commumer 'uhat co~uec: uo Comoauy"s Line. (~so r~e~d ~o ~ la~ar~ ~es). ~e C~pa~ does .~' lay sewer ~ar~ ~es on priva:a p~per~ ~cept ~der speci~ con=rac:s '~Raus Schedule" _ Sh~ refer uo ra:e or charge for uhe paruiaular sewer alassi~laa~ion of service. "Commlsaio_.___..__u_n" - Refers ~o :he Ci:y C~mmissiou, Ci:~ of Sebas~iau. ':~rold E. Schmidu Presiden= General Deveiopmen= U=!/_i=ies, Sebasuian Highlands Divlsimn Sewer Service Original Sheet No. 6.0 Number £.0 .2.0 ,3.0 ~.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14,0 i5.0 !6.0 17.0 18.0 G~ne=-a!. %nf orma=!om ..................................... Sewer Service S£gne~ Application Necessary ............................ Applica:ion by Agem=s ......................................... Wi;hhol~ing S ez-v-l;e ..................................... Ex:erosions ................................................. LAm~:a:~on of Usa., ..................................... Con=inui:y of Servi;a ................................... Type .and Ha.tn:a~;e .................................... Cha~ge of Consumar'.s Lns=alia:ion ....................... %=spec:ion~ of Consumer's. Ims=al!a:ion ................... Pro=et:ion of Compauy's Proper=7 ......................... A=aess =o Pr~=~.ises ..... ................................. Righ: of Way or gasemen:s ............................... Billing Periods ............................................ De ~linquen= 'Bills ........................................ Reimbursemen: for F~:ra F~enses ......................... Pa~= of Sewer a~ 'Water Service Bills Concurrently ... (Con:inu~d .:o Shee= No. '7.0) Harold E. Shem: Number 8,.0 8.0 8.0 8.0 8.0 9.0 9.0 9.0 9.0 10.0 10.0 10.0 i0.0 11.0 !i.0 1i .0 11.0 11.0 General Developman= U=!li.=ias Inc. Sebasulau Highlands Division Sewer Servica Original Sheen No. 7.0 (Con:inued from Sheer No. 6..0) _N~mber Number 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 Temporary Discon=inuanc~ of Serviaa ........................ L2.0 Eviden=~ of Consump=ion ....................................... 12.0 Tax Clause ................................................... 12.0 Chan~e of 0¢=u~azu:7 ........................................... 12.0 Serv~:e Connec:~on 13.0 Ad~us:m~n= of B~l~s 13.0 Deposi=s ..................................................... 13.0 Harold E. Sahmid= ?residen: General Developmmn: UUi!£:ies, !nc. Sebasuiau Highlands Div/minn Sewer Service Original Sheer No. 8.0 KULES A~VD .%E~LAT!0NS !.0 2.0 3.0 c~,~era! X~arma:ion - The Co~.any's Rules and Re~!a:ions, insofar as n~ in affect, shall be ~ll a~ void. ~ese Rules ~d ~a~la~oa$ are a pa~ of ~he =a~e schedules, a~plica:io~ and con~rac=s of ~he Co. any, apply ~=h~= ~d~i~a:ions or .ch~e ~o ~ch and eve~ tone.er ~o whom even: =ha: a portion of =base Rules and ~aguia=ions Ls declared uncons:i=u:iona! or void for amy reason by any ¢our= of comoe=en: jur!s- dic=±on, such decision shall in no way affec: =he va!idi:y of aha remain- pot=ions of :he Rules and ~e§u!acions for sewer ,service unless such Sewer Se~ic~- To obtain sewer service, application .should be .made !i~s. The app!iman: shall add=ess~ and lo: an~ block ~er a: which sewer service is :o be rendered. Sit-ned AnD!ica=ion Necess&~rv - Sewer service is furnished only uoon si~ned applica:ion or agr~emmn: acce~=ed b~ :he Company and :he ¢ondi:~uns of such app.!ice, ion or agr_eemen= ar~ bin~in$ upon ~he Cons~er as well as uoon =h~ Co~an~. A cop7 of each app!i=a=!on or a~r~en: for sewer sar- Anniica=ions by A=3n=s.- .4~.p!icacions for' sewer servi¢~ reaues:~d by fl.--mm, par.=nerships, associa~ioum, co=potations a~ o~hars shall be :endered only or a~ee~nTs eh:arid into be~een :he Co. any and an ag~n: of :he princi.- pal, :he use of such sewer se~L=a by :he ~r!ncipal shall consui:u:a full vi=~ is randar~. Wi:hhptdinK~e.--vi~e - The Company .may wi:hhold or dis¢onuinue sewer se~zice rendered under applia, acion made. by any member or a~en= of a family, No. 9.0) Harold E. General Developmen: U=ilirJ. as, I. nc Sebas=!an. Hi~hlands Divl~/~n' .. Sewer Service Ori~us.l Sheer No. 9.0 (Conninuad from'Sheen No. 8.0) 6.0 7.0 9.0 Company of su=h familT, household, or~ani=a=ion, or business for sewer se.--~ice, has been se=:!ed in full. ~r~ensions- ':The Com,.any will make such ex:ensions =o ins axis:inS fa¢ili:ies as may be resulted by one or more Constmmrs provided revenues =o be derived =herefrom shall be suff.-icien: =o afford fair and reasons~la re=urn on che cos¢ '.of ~r~vidin~ and .r~nder~n~ =he sewer sar- cash advances, =inimum ~uaran:ees, sa~z~ce ~uaran=ees, c'on=ribuz!on in ai~ of cons=rue=ion, or ocher arr~n~emea:s ~i:h =he Consumer, w~erebv =he ComPs=7 =~1.! be enabled. =o earn a fa~--- and r~asonable return on ~imi=a~ion of Us~ -Sewer service purchased from :he Company shall be used by =he Consumer only for ~he purposes spe~i-'ied in ~he applies:ion for sewer service. Sewer service ~arnished :o =he Co~er shall be for s=r~e=, al!aT~ lane, co~=, ~r~er=7 line, avenue, or ocher ~ay, Ln order =i~nce ~:%1 s~h ~au:hor~ed e~ansion, sale or disposi:ion is dis- con:~uad and full pa~n: is ~de of bills for sewer se~ica, ca!cub=ad on ~r~er c!ass~fica:io~ and ra~a schedules and r~se~n~ in full ~de :o :he Co~7 for all e~a e~e~ses i~c~rad for c!arical ~ork, Con=inui:v mf Se.~rice -The .ComDan~ .wi! di!i~ence shall no: be liable =o =he Consumer for failure or in:arrup=ion .acciden:~ .!i~i~a:ion, brea~, shu:d~s~ or repairs or adjus=men:~, ac:s of s~o~a~e, enemas of =he U~ed S~a:es, wars, U~:ad S~acas, s=a:a, ~ci~a! or o:her g~e~n~al interference, ac=~ of ~d, or ocher causes beyond L:s %=p~e an4..M~in:enAnce - The Consumer's ~ipes, .'appara:us and eguipmenn shall be seiec:ed, ins=alled, used and 'main=ained in ac=ordance wi=h s=andard ~rac=ice, conforming wi~h ~he ~u!es and Re~la=ions of ~he Co~anT~ and Sheet .No. I0~'0) . Harold 'E. President General Developmen= U:i!i:ies, inc. Sebasuian Highlands Divls/mn No. i0.0 I0.0 !!. 0 !2.0 13.0 (Continued fr~m Sheer No. 9.0) in full com!~, liance wizh all laws and gover~meaTa! regu!a:icns applicable ~o s~, ~e Cons~er a~es fur=her :o kae~ all pipes, pi'~i~, ~d fix='ares in r~pair and ~.o pr~!y s~op all iaak~ on his pr~ses, and '~e Cons~r e~ress!y a~ees =o no= u:ii~ze a~ app~anca or ~evi=e C~an~e of ~pnsump__r'.s InsTallaTion - No changes or increases in Consumer's. ina=a!ia=ion, which will ma:aria.fly affect :ne proper opera=ion of :he pipes, mains or sca=ions of ~he Com~.any will be made wi:hour wTi:=an con- sen= of =he Cc~mpany. The Consumer will bm liable for any damage resui=ing from a viola=ion of =his rule. lasnec:%on of Consume.r~s Ins=a!!a_=.j.on - All Consumer's sawer service inaual!agions or changes should be inspec;ed uuon com~.!e=ion b auChori~ =o ~ure chac Cons~e='s piiping, ~ui~C, ~d devices have be~ insc~!.led in accordance ~%:h accepced scandard pracCi=e an= such local ~ove~n=a! or o~har ~les as or o~her ~over.~n:al ~spec:!on is requ~ed by local rules or ordi~nces, =he' C~an~ ca~o'c ra~er sewer se~ice unuil such ~speccion has been been tm=aired by =he The Company reserves :he right TO .inspec:' Consumer's inscal!a=i, on prior :o rendering sewer sea-vice and from =?-me :o :~--me :hereafTer, bu:.assumas no responsibility wha=soever for a~ potion :hereof. Pr.o~.~C.=ioR Of Company's Pro~ey,._-? - Tee Consumer shall properly pro~ee= ;he Company Js property on ~ Cons~r's pr~ses, and shall peri: no one :he Coral's a~en:s, or perso~ authorized b7 law, :o have acuess :o :~e CC~'S ~ipes a~ appara:~s.. · L: The even= of' any loss or damage Co proper=y of the Com~.any caused by or arising ou:-of carelessness, ne,!acT or' misuse by =he Consumer, =he cost o~ making good such loss or rapa~in~ such d~ge shall be paid by =he Cons~er. AC.Cass .To Premises .- The-du!7 au=horized agan=s of :he Company shall have access a: all reasonable hours =o The premises of =he Consumer for :he pur?ose of i~s:a!lia~, main=aini~ and insDec:in~ or r~ovin~ Comp. any's prope~, and ocher purposes inciden: =o perfo~nce under or :e~ina=ion of ~e C~y's a~~: ~.:h ~e C~s~r, ~d ~ s~h perforce (Con=/nmu~d :o Shee= No. 11.0) 'Harold E. Sc]~id~ Presiden= General Developme:u U:~I_it_tes, Luc. Sewer Service OrigLual Sheet No. 11.0 (Contiuued .from Shee; No. 10.0) =~e~g of sewer se~cs.. Periods - Bills for sewer se:-~_ce ~rLll be rendered mouuhly. B'~LLs of C~smmer wir. h respec: :o paymau: :hereof. ~ (20) daTs '~er~fuar bec~ d~queu:, ~d sewer se~ce ~, ~:ar five (5) ~ays ~i::au notice, be d~c~:~ue~. Sea_aa be r~d ~ upou pa~: of ~ p~u~ue b~s ~ :oge~a: ~:h a :o:~ cos: :o C~F c~ d~cou:~g ~d sewer ~e.. There sh~ be no L~:T of ~y'~ agars: :he by :~on of d~couU~ma of sewer sea_ce .:o :he Cons~'r-for of ~e C~: :o pay :he b~ on :~. No p~ paTme~: of auy hill r~udered ~J_% be accepted bT :he Co~p. au7, emaeg: by ag:me, man: -~l:h C:m:p.a~y, .or by order of :he Co~sai:u. 17.0 ga~-_mb.u, rs_emen: of =_x:ra Ex~euses - ~e C~s~r C~y ~:r ~ ax:r~ ~eusas (such ~ for s~ add_.-~ ~a~a~ ~$es, acc. ) incu~ed by ~as ~d LB.0 Paymm~r of Sewer and Wa:er Serv~_c~..~.L!s. Conou---r-eu:13 - ra-b. eu bouh sewer amd ~aua: sez-~.as are provi~e~ by :he C~y, pa~: of ~y sewer h~ :~dered by :he Co~y :o a sewer se~_ce C~s~r sh~ ~o: be accap:m~ bT :he C~y ~:hou: ~e s~:~eo~ or c~cu~mn: pa~: se~_:~ ~ uo: so p~d, :he C~y ~? ~c~:~ue bo:h sewer ~d ~a:ar sea_ca :o :he C:~r's pr~s.es for n~pa~u: of :he sewer sm~ae ~a:Ees :r if :he :ha:~es 'for ~aua: sea_ce a:~ uoc p~d, C~y ~y d~c~:~ue bouh '~:ar sei~lme .~d sewer sepias :o C~s~r's pre~es 'for ~pa~: of :he ~a:ar se~ca charges. Tee Co~y sh~ no: :m~su~h or 'rec~ec: sewer sea_aa ~d wauar (C~u:~","',ued :o '~nee: No. 12_0 ) Harold E. $chmid: .PTes/~en: General Developmen: UZili:!es, lac SebasUlau Highlands Division Or±ginal Sheet No. 12.0 (Con:/~ued from Sheen No. 11.0) 19.0 20.0 22.0 2,2.0 TemoorarT Dis¢.~n:inuan¢%...o_f Service- A: any rime :ha: sewer service c~:=s o= ~e p~-a~ of or rav~ fr~ sewer be giv~ a: ~e cf,!ca of ~e C~7 no: !~s ~n =es (3) days prior rscaiv~, ~e a~i~a~n of a suaaaa~ ocmupan: f=r sewer sea_aa ~ are su~ by '~e C~y. Co~r's ~aSosi: ~y NOT ~a~e~ ~ one ~e :~ ~o=~. For :ha conveniauca of irs Con.vumars, :he Com~.auy ~ril! accaS= ualaphoua ard~s :o d~conu~a or ::a~ar s~er sea. aa and ~%~ ~e a~ radon- able ~y p~ose *~a:soever ~e :o be ~e o~y by ~loyees of ~e C~anT. U~u:horize~ :o~ec:!o~ r~er sea_aa s~jec: :o ~ediaua (Conuinued to Shee: No. 13.0) Harold E. ?resident GeueralDevelopmenu. U=ili=ies, I~c. Sebasuia: N.Lg~ia~ds .Division 0rlgiuai Sheer No. L3.0 (Couuiuued from Sheet No. L2.0) 2~.0 No Deposi:s Auh=hor~zed a: :~:e..of O:i~mal Issue. :hen Gemaral Developman: U=ilizias, Iz~c. Sebasuiau EiSblamds Division Sewer Serviaa Original Shem= No. 17.0 Cus=omar's Deposi: Racmipu & Service Agzmemen= ........... 18.0 AppLicar. ion for New Ramidan:ia_% Sez-v-ica ................... 1,9.0 Appl£aa:±on for New .General Service .......................... 210.0 Work Order ............................................ 21.0 Narold E. Sckmid: 'Preside.~t General Deveiopmauu U=Lliu!es, SeSasuia= Highlands Division Sewer Servica Inc. Orig!nal Shee~ No, 18.0 Al=& Toed. l, Oe~Osi~. , ..................... ct~ .p~o~, ~gs~l oC Harold E. $chmldc President General Developmen: U:i!i:ies, Inc. Seb'as:ian Hishlands Division Sewer Service Origi:~l Shee: No. 19.0 ~ T¥~'5 OF ~MVW~- WA'J'~R ~ER~~, OA~ S~RVI~ M~lREO 'tl [- m~m,-- 4; 7<00 s Nero: m'~mwr'~ iI ~ ~ le,~:I ,$ :IV AG~£-iMENT v Se~m~ Semite Origi~l Sheet No. ZO.O $., ~os~' . =~v.n.~:'T _~.. Ho. o~ Or±gi:ai Sheet No. 21.D Service Work Order · I II II IIII II I II I III .....