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HomeMy WebLinkAbout1965 11 01 Regular ,/ . . . .. .... . - _,;4" . - ,. ( (.) ~J~;;'~' .' .;- ~" ~-'-'" ...........#.....-'" OJlDlKAJIC~ " 10 AX O&DlMABCE OF TIlB VILLAGE COUNCIL OF THE VILLAGE OF lOaTH OaUlWO, FLOIUDA., <aAJrl'1)(G A)J EXCJt.US IVE PLUfCBISB TO TBB .oaTH oauJlDO COIIPAlff, A pWalDA COItPOllATIO., TO OPDATB AJfD UINTAIX A .ATO SYSTEM AlID SEWAGE COLL&CTIO. AJm DISPOSAL SYSTli1I IN THE VIL1A~ 01' JfOItTB ORJL.UmO, FWIllDA; BITTIlfG I'OaTB COJIDITIONS AND PIUVILEGKS ACCOIlPAlCYIJfG THE GJU.1ft' OF J'UIIC1II8B; PIlOVIDIlfG POll RATES AJCD CIlUGBS, AJU) POll SDVICB STAIOlUDS; PBOBIBITIIfG THE 1m! or IlIDIVIDUAL SB.AGE DISPOSAL SYST.S AJm/oa SEPTIC TABS .ITHIX THI VILlAGE LDlITS; PaoVIDlltG ma SKna CODBCTIOXS AIm PBKALTIKS POa TIlE VIOLA- TIOX OF SUCH PROVISIONS; AlID FOR OTHER PURPOSBS. BE IT O&DAIKED by tbe Village Council of tbe Village of Kortb Orlando, Florida: SECTION 1. SHORT TITLE. Tbis ordinance sball be known and .ay be cited a8 tbe VILLAGE OF NORTH OIlLiNDO, FWRIDA, WATEIl AND SEWAGE ntAMCIIIS~ oaDIlllltCE. S&CTIO. 2. ngFIXITIOMS. (1) Tbe word "Utility" as used berein refers to Tbe Nortb Orlando Compaay, a Florida corporation. (2) The word "Village" a8 used berein refers to tbe Village of J(ur tb Or lando, I'lor ida. SBCTIOR 3. GRAXT OJ' AUTHORITY. In consideration for tbe under- takini by tbe Utility of furnisbing water distribution and sewaie collection services to the area included in the Village, tbere is bereby aranted by tbe Village to the Utility the exclusive right and privilege to erect, construct, operate and aaint.in: (1) A water distribution system and tbe right and privilege to pipe water into tbe Village to transport tbe same by .ains and pipes througbout the Village and the exclusive right to sell and distribute water witblntbe Village; and for these purposes to establisb the necessary facilities and equip.ent to lay and .ain- tain water .ains, pipes and any other appliances and appurtenance necessary to the sale and distribution of water in, under and along the streets, alleys and other public places of tbe Village. (2) A sanitary sewage collection and disposal system for tbe collection and disposal of all non-industrial sewage and the right and privilege to transport the sa.e by .ains and pipes throughout the Village; and for these purposes to establish the necessary facilities and equip.ent and to lay and .aintain sanitary sewer .ains, pipes and any other appliances and appur- tenances necessary to the collection and d ispasal of non-industr ial." sewage, sometimes .ore com.only called domestic sewage, in, under aDd along the streets, alleys and other publiC places in the Village. ..oJ .. . -. -- (3) Nothing in this franchise nor in the rights and privileges herein granted shall be construed to prevent the Village fro. granting exclusive or nonexclusive rights, privileges or ease- .ents to other persons, firas or corporations for furnishing utility services other than water service and/or sewer service provided the exercise of such granted rights, privileges and ease..nts do not unreasonably interfere with the use by the Utility of the streets, alleys, public ways and places in the Village for the purposes described in this ordinance. SECTION 4. COIIPLIAKCE WITH APPLICABLE LAWS AMD ORDIIUlfCES. The Utility shall, at all ttae. during the life of this franchise, be subject to all lawful exercise of tbe police power by the Villag., and to sucb reasonable regulations as tbe Village sball bereafter by resolution or ordinance provide. SECTION 5. LIABILITY OF UTILITY; INDEMNIFICATIO.. It is expressly understood and agreed between the Utility and the Village tbat the Utility shall save the Village bar.less fr~ all loss sus- tained by the Village on account of any suit, judgaent, execution, cla1a or de.and whatsoever resulting froa negligence on the part of the Utility in the construction, operation or ..inten- ance of its water or sewage systems in the Village. The Village sball notify tbe Utility'. relJresentative as soon as possible after the presentation of any clai. or demand, either by suit or otberwise, ..de against tbe Village on account of any negli- gence as aforasaid on the part of tbe Utility. SECTION 6. SERVICE STAKDARDS. Tbe Utility shall operate and main- tain its water supply and distribution system and its sewer collection and disposal system and render efficient service in accordance with this ordinance, and all reasonable require.ents and regulations of tbe Florida State Board of Health, and particu- larly without li.itation in accordance witb the following provisions: (1) WATER. (a) FIRE HYDRANTS. The Utility shall install fire bydrants along the water mains to be constructed 1n the Village at sucb locations as may be designated by the Village but not closer tban at street intersections. The Utility sball deliver such water in such quantities as will ..intain a static water pressure equal to forty (40) pounds per square inch at the fire hydrants, and in accordance with the Code of Standards of the National Board of Fire Underwriters. However, tbe Utility does not guarantee tbat the supply of water to be distributed to sucb fire bydrants shall be at all tiaes constant or maintained at tbe pressure specified above, it being understood that temporary cessation of delivery of water or drop in water pressures at any time caused by an Act of God, fires, strikes, casualties, accidents, necessary maintenance work, break- downs, damage to machinery or lines, civil or military autbority, or by riot or otber cause beyond the control of the Utility, sball Dot constitute a breacb of the provisions of this sub-paragraph or impose liability upon the Utility to tbe Village or to its tDbabitants or water consumers therein. -2- /~, -" (b) KESIDENTIAL - OTHER USERS. At all tiaes the Utility shall be able to provide tor the use of consumers within the Village a ainiaua quantity of 300 gallons of water per day under adequate pressure for domestic or other use at all the taps or water out- lets of such consuael', and to aaintain at all tiaes the quality and purity of such water to meet the United States Public Health Service Drinking Water Standards pro.ulgated February 5, 19.6, as regulations of the United States Public Health Service. Bow- ever, the Utility does not guarantee that the supply of water to be distributed shall be at all times constant in the above quantities or under the above pressure, it being understood tbat teaporary cessation of delivery of water, or drop in water pressures at any tiae caused by an Act of God, fires, strikes, casualties, accidents, necessary aaintenance work, breakdowns, damage to aachinery or lines, civil or military autbority, or by riot or other cause beyond the control of the Utility shall not constitute a breach of tbe provisions bereof, or tapase liability upon tbe Utility to tbe Village or to its inbabitants or water consumers therein. (c) METERS. All water delivered to consumers bereunder (except water delivered to fire bydrants) sball be measured by aeters of standard make and of sufficient size, such meters to be furnished, installed and maintained by and at the cost of tbe Utility. In case the Village shall at any time question whether any aeter or aeters are registering correctly, the Village sball have tbe rigbt, upon aaking written request to the Utility, to have sucb meter or aeters tested in the presence )f a representative of the Village and if, as a result of such tfst, sucb meter or meters shall be found to be incorrect or inac.;urate tbe salle sball be restored to an accurate c(lndition or a new meter or meters shall be installed at the cost of the Utility. If such Ileter or meters be found to be witbin three per cent (~) of the accurate or true reading, the cost of sucb test sball be borne by tbe Village but otherwise sball be paid by tbe Utility. Sbould any test or tests sbow any sucb meter or meters to be substantially inaccurate, computations for water previously delivered since the last preceding montbly aeter reading shall be adjusted accordingly. (2) SElfER. <a) The Utility shall operate and aaintain a sanitary sewage collection and disposal system adequate for tbe safe and sanita~y collection, treatment and disposal of all non-industrial sewa.. in tbe Village, At all tiaes such sewer system shall be operated and maintained in accordance with all reasonable regulations and recommendations of tbe Florida State Board of Health and sucb as to produce an effluent of a quality satisfactory to the Florida State Board of Health and any and all tests conducted in connection with such sewer system shall be kept as permanent records by tbe Utility and tbe same shall be open to inspection by any govern- .ental agency or user of such system at all reasonable times. Any such governmental agency, including the Florida State Board of Health, through its representatives, shall at all times bave access to the sewer collection or disposal facilities to conduct any and all tests as such agencies shall determine necessary to insure caapliance with tbe aforesaid regulations and recommendations. In the event such agencies shall determine the operations of tbe system do not aeet the aforesaid regulations or recOBaendations, the Utility shall immediately, at its sole expense, make any adjustment, -3- - .,. -. repair, installation or improvement that sball be lawfully necessary or reasonably required by sucb agencies to bring the operation of the sewer system up to tbe aforesaid regulations and recomaendations. The Utility shall maintaIn the aforesaid .ewer system at all times in good order and repair so that satisfactory service may be supplied to eacb of the users thereof within the Village. SECTION 7. OTHER PROVISIONS. Tbe Utility will furnish and ..intain at its own cost, all necessary fittings, pipes and appliances, including all meters and meter boxes, to deliver water to the consuaer at the property line. All sucb fittings, pipes, appliances, meters and aeter boxes sball reaain the property of tbe Utility, and shall at all times be accessible to it and under its control. The service line from tbe aeter to the consumer's premiaes shall be laid and ..intained by tbe applicant at bis own cost. The line shall be of ample size, of standard weight, and quality, and all cut-offs, valves, fixtures and appliances fur- nished by tbe consuaer aaintained in good order and condition. Sewer lines shall also be furnisbed and maintained by tbe Utility, together with all necessary appurtenances tbereto to tbe property line of tbe consumer. The sewer line from tbe property line to the consumer's premises sball be laid and maintained by tbe applicant at bis own cost. Tbe sewer line sball be of aaple size, of standard quality, anc the appurtenances tbereto sball be aaintained in good order and condition. All of such water and sewer connections required to be furnished by the applicant shall be of sucb size and quality as shall be required by the Utility and shall be laid and installed in accord- ance witb its rules and regulations. The Utility sball be authorized to establish reasonable rules and regulations not in violation of the terms of this francbise. SECTION 8. &XTENSIOHS. Anything to the contrary contained elsewbere berein notwithstanding, the Utility shall be under no obligation to extend its aains, lines, appurtenances and facilities to any area of the Village platted of record, unless and until there shall bave been filed witb the Utility a sufficient number of applica- tions for service by prospective consumers who will actually r..ide in said developed area, to afford the Utility, in its reasonable opinion, a fair and reasonable rate of return upon the invest- ment required to extend the Utility's facilities to such area. Prior to any extension of its facilities, the Utility may re- quire a capital contribution, cash deposit, refundable deposit agreement, bond or other assurance from prospective consumers applying for such extension. SECTION 9. RATES AND CHARGES. So far as it is within the power of the Village to fix rates and charges, and subject to the provisions that all rates hereunder shall at all times be such as to provide the Utility with a fair return on the replacement or reproduction value of its water supply and distribution system and its sewer collection and disposal system, rates and initial charges to con- sumers of water within the Village and rates and charges to those who shall be connected with the sewer system shall be as follows: -..- ,- --, " .,. (1) FATER. (a) FIRE HYDRANTS. For and in consideration of One ($1.00) Dollar in hand paid, by each to the other, it is agreed by and between the Village and Utility that the twenty-two (22) exist- ing fire hydrants located in the Village of North Orlando, Florida, are hereby sold and conveyed to the Village and the Village hereby assumes any and all liabilities in connection with said hydrants from the date of this ordinance; however, the Village aSSUMes no liabilities or indebtedness existing against or as a result of said hydrants wbich was incurred or came into being prior to the date of this ordinance. The cbarge of Sixty ($60.00) Dollars per year for fire hydrant use and water service in connection with the twenty-two fire hydrants is hereby cancelled effective December 31, 1963, and no liability shall incur to the Village after December 31, 1963, for fire hydrant use or water service. Upon the installation of additional fire hydrants within the Village of North Orlando, Florida, in accordance with the provisions of Section 6, l(a) of thIS ordinance, the Village agrees to pay the cost of said installation. Said cost is to be amortized over a period of five years, in five equal installments, one installment becoming due on or before January 1 of each year, upon the completion of installation of the hydrants. The payments due toe Utility for the installation of hydrants as provided herein, if any, shall be deducted by the Utility from the commission due the Village as provided in Section 13 of this ordinance and the balance of the commission shall be paid to the Village as provided herein, provided, however, the Utility shall first apply said commissions to the reduction of the indebtedness of the Village to the Utility in the amount of $4097.49. The Utility shall not be obligated to pay any commission to the Village until said indebtedness has been fully paid; how- ever, thereafter the Utility shall make such commission payments to the Village as provided in Section 13 of this ordinance. Nothing contained in the provisions of this ordiaance is to be construed as prohibiting or preventing the Village from providing for the payment of the cost of installation of fire hydrants by the builders or developers, or to prevent the Village from prepaying said installation cost if feasjble. The Utility agrees to furnish to the Village an itemized statement reflecting the cost of installation of each hydrant installed subsequent to the date of thiS ordinance, and the Village shall incur no liability for any payments provided hereunder nor is the Utility authorized or empowered to charge such cost against the commission due the Village unless and unttl such itemized statement shall have been furnished the Village. (b) RESIDENTIAL USERS. For residential consumers or users of water using a one (1) inch meter, or one of less size, the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and b11led by the Utility monthly tn the cunsumer at the following rates: -5- - .. -., ~ (; t () N,'xi. (~Vt;;'L ~) .ouU gs. 1; I.S 1 . DuO g~ 11 Clb 7 . DUO ~a 1.1 'ins Minllllum ~) O{,' lJf! r :) ,.1<;: pe r m )ll thI) charge 1.0uO gallons J ,000 gal tons 3. ;)0 (c) 0 HER U:)t...KS. I":II' \O\Iatl:1r \.:'ns,IH'rs (jther than ttll)se des.:rJbed in Stll:Hi'aragT'a~:hs (a ancl (h) ab '\~, the quantity of water d....1,vered by t}if' itIllt) shall be dEtf'l'l1Jtn~"d fr":n meter readJIlg-s made by or nn b>:'half ,)f the? Util11,Y munUJly and btlled by tho UtilIty monthly to U?f! COnS,lnl('t' at rates "'J!'l by speci.al cout.ra<.'t, between the consumer and th~ U:Llll~. (c) PENALTIE::L II. :be eVfC'tit wa'e',' tnlls arc not paId within 30 days, thp Util1t) ~hal1 hav..' th.., rlvl1L t:) dJSContlntH: b.)th the wal.er s('rvi('~" and 51'WeT ,Sel'\.'JCf] " rhe !. 11,SUll1f'!' with()ut further not 1 C d and s U '. h sur 1.' , C e :; h all 'I u t f)(> r t; S t '\ r e J u n tl 1 aft eta 1 1 r a s t bills ha\'v OP'{';;1 paid, plus rt"lmbu}'~C"ppnts tu the Utllity f'lf all extra expen~;I'.~ (sue!', a~; ::-'!'t'cial tripS, JDSjJnctl(1r;.;. dtscnnnecting a LJ d l' e ( () n n t' c I J Il g '., € r v 1 C f', add'~! 1 () n a 1 (' 1 II r 1 ( '}l 1 t~ xi>' ,,:,; t' J e' c .) t n _ curr<:;d by tbe _~jl.lit:.. HI acc'unt ,d rcliv:lcl'nqllent I.nll, ,t" )1i aCCOUq~ cd t"l' ('~',nsumer's \'j:J}::.tUJD Lf,he c'ln'ra,'t f':l' watt'f ur s ~i we r S I: :' v }( ," )": f t h pUt i .l 1 t. Y 's r \) 1 e .s 8 n d .,.. (> g u 1 a 1.. 0 II S T h t: miIll:1JUm charf~(. v ,'( ~;r ",uet E'<;lfa 2xpen',.,t'~> a'" t \ CJaLh ': sale .;; e r \; 1 C ,:>~., is F 1 '.." ( $ :'. , ,}()) D 1 La l.~ , (8) COMBIN.ED ,-jILI,INt,. Watt~r and ~)eWl;-:r ;-,d 1" ,';lay l)f:' c')mtJlr!l?U undl:' r .\~H~ t); 11 ng,. (0 CONN,ECTJU:-. C)'L"t\bt,~; i;1<:POSlf-,. Aprdicatj;1I1s 1':,( 'UlJtl"'1Cllon to lhp -.vater d!'i1~.tJut.i.~'r ~y,; ',:!,T -,naIl t)e load... up..n l')['lflS t:.., tIC furnIshed t,y t,h 1.lilt) In (.mpl13Pce wiLl in" ratp,,> , rult~~l and r{~gulatl)llS t the IJtlllt:., .:d af:..t't' apf.)r(}val,~ ~1;, 2piollcatJOf] by the Ct.l}l'" th"'re'.n. '1h(;> S}l';t' ~d serVlCf' ltrH>-, alves, "H.:>,-J'5, ani] ~..ther f,1 iug:-, , t:Kt',!res 0,' afJ,J.lar;cps r;.'('p" ar" 1.../ give It: S8C\JICf' appli'2d f' -. ":)i,l I, tit" a rl~a~"'~I,,hlfO UlHl j')'....r"_.r SlL,: c', t)f:' deterlnined b:./ tile l_l.iil'! at tht, tJI~C .)f :h.:~ al".1::'atl0~). ::)\H'b ar~'llcat.li)IlS SDl:!L [;'2 acc.)mparltc: :;\' (he p8Vmf'n! ..[ trH:' f: 1.I:)Wlng ',> unnpc t .:.. l.){~ (~nar i~:It~S : :.;lZ{.! ()f \.~(.'~.~tect )(1 - _.. ,- :r7~"1"-"" ---.-..- l' C : III :; t " t i ,) P C h a " /:' ----.-'bG . ffiT--- ..,1\ . \ i( , (JVf'r a ,:;1 Ly ja ymr :11, ",,' ai, e r b 1 l .is .. \n ~:ic~H,H. (a IS! NGLf YAM I U Itt',:. If).r~NT IA t, 'T,,,,d.. ~; c.J i) i. l.l(:)j lr. '. bf Ui 11 :..1 y a l 1 . ,f a. '(.J f ;r] ~;t:~ n y f~ i .l ,I J y rea~()n"illf' d _~ p "::' 1 ~ l (, g '.l a r a i I I t", ~')a y me iJ t "f (;'" TT<~".tl"" . A hi,? f' 1 i n~ ;' \ t J r [1 111 r ~'i 3 'J'" h {=: ~haJl \ ~" j l.io~: r a ( c~~.; Wh~~~'t_ wat r c~}n ~~:'ptl')U t'y ~Lctl (:U~';1F)ffif!' l~, ..01 ,'J;)U ~'~all{.;)~, :'cl rr:;nd'! ,"r I"S,., ',1L;r',un; cha:-ge$.;, ~)U ~"" h t'; r t.:' ~'a ~ (; :..' C, ! n ~~ U Hi I ~. i () n t } .'/ -; i." ~,~ 11 {~U ~ 1. ij; t:: r j.~::.: J ,1 (~"~<ccs~ If ~, ,'Ut~ ga 11 ',i"j~ t..'er nl-_>!i~, n ::,-i,UU I \ h e t~ v L i'I i I, ,; than ~~nt.: :c,.lz.'~" r ;,11- ,f t_~( l.~', l;~ r n' ~ )(\ t 1; ~1nf'? ,~hn 1 _~ '_'If-.' n:~,~, I_;~ 1. l;;:;~_.:.t {".;: (,tl I l(~ i IJ~.:. rl~:~-l In ff't: , ,1 L ~ r 'i -m a n 3 d oj l : ] ) n:::. 1 ,h a f' i!" '"J(', ,181in')orr tH'Y".lC1 - , \ . ..- -. .. ,. (b) OTHER USERS. For sewer custDmers other than those des- cribed in sub-paragraph (a) above, monthly rates shall be set by special contract between the consuml~r and the Utility. (c) PENALTY. In the event sewer bIlls are not paid within 30 days, tbe Utility shall have the ri~ht LO dIscontinue both the water serVIce and sew~lr service to the consumer without further notice and such service shall not be restored until after all past bills have boen paId, plus reimbursement to the Utility for all extra expenses (::c;uch as special trips, inspectIons, dis- connectlng and reconD~ctlng service, additional clerIcal expense, etc.) incurred by the Utility on accuunt of any delInquent bill, ~.)r on account of the consumer's violation of the contract for water or sewer service 0r of the Utility's rules and regulations. The minimum charge te. cover such extra expenses as to each of said 8ervices is Five ($;;.(10) D\.)llars. (d) COMBIN.t;n BILLING. Sewer and water bills may he com- bined under one billIng. (e) CONNt;CTION CHARGE::>, DEPOSITS. Applications for connection to the sewer collecttons system shall be made upcm forms tC) be furnished by the UtillCY in cnmpliance wlth the rates, rules and regulalions of the UtilIty. and after appr0val of the application by the Utility thf'reon. The size of service 1Jnes, valves, meters and other fittings, flxtures or appliances necessary to give the service applied for shall be a reasonable and pr0per size to be determined by the Utility at loe lime of the application. Such applications ~hall be accompa lied by the payment of a connection charge of Ten ($10.00) Dollars, and by payment of a reasonable deposit to gual'antee payment of sewer service bills. 3. CHANGES IN RATES AND CHARG~S: WATER OR SEWER. The above rates are the inItial rates and charges which by the granting of this franchise are determined to he reas~n8ble in accordance with the provlsions of this secti0n. The Utility may establish, amend, revise and enforce frqm time to time or times in the future, dIfferent rates or charges reflecting rates and charges lower or higber than those shown above, prOVIded, b0wever, that any such lower or hiF;her rates or charges so established or enfor ~:J from time or time by the Utility shall be subject to the pro\ ,tons of this Section 9. 4. TAX CLAUSE. The rates and charges, including minImum and other charges and set'\! Ice guarantf'€s are dependent upf)n Jo'edera 1, state, county, munlclpal, district or other governmentsl taxes, license fees and/or l>(;her impositions up un the Utility, and sueh rates and charges may be increased, or a surcharF;e added, if and when any ()r a 1 J such taxes, 1 icen-i@ fees and/ or other tmpos i t lons are Increased, at tbe cost per hundred galluns or other applicable un it of char~e, vi -;uch add 1 t iona 1 taxe", , 11cense fees and/or other impos i t i OilS. SECTION 10. nmM OF FRANC'HIS.lL This ~)rdinaIlce shall take effect and be in force from Rod after the final passage hereof, as required by law, and up n filing ')f acceptall(;e by th~ Utili ty with the Villa~e Clerk. Such franchise shall contLnue In force "1 - . - ~ ~ ~ and effect for a term of thirty (30) years beginning with the date of such acceptance. At the expiration of said thirty (30) year term Utility shall be given the option to renew this franchise under the terms and conditions as set forth herein for a period not to exceed fifteen (15) years from date of such expiration. SECTION 11. INDIVIDUAL SEWAGE DISPOSAL SYSTEMS PROHIBITED; SEWER CONNECTIONS REQUIRED; PENALTY. The use of individual sewage disposal systems and/or septic tanks, grease traps and dry wells by any person in the Village where sewer collection service is available is hereby prohibited. All persons owning i.proved property fronting on a street wherein sewer collection service is available shall connect the improvements upon such premises in the aanner berein or by or by law of the Village provided. Any person convicted of violating this section sball be punished by a fine of up to Five Hundred ($500.00) Dollars, or by imprisonment up to ninety (90) days, or by both such fine and imprisonment. SECTION 12. ASSIGNMENT. The City hereby reserves the right to pur- chase the property of the Utility used under this grant as provided under the laws of the State of Florida, and as a condition precedent of the taking effect of this grant the Utility gives and grants to the Village the right to purchase so reserved. H wever, the Utility is hereby given the right and authority to make assignaents of this franchise and the right~, privileges and authorities granted hereby and all assignees upon tne acceptance thereof shall be bound to the same ext~nt as if tbey were originally named as the Utility hereunder. SECTION 13. Within thirty (30) days after the first anniversary date of this franchise and within Lhirty (30) days after each such succeeding date of this franchise the Utility, its successors and assigns, shall pay to thp. Village an amount which shall equal three per cent (3%) of the Utility's revenues from the sale of water and sewage services to residential and commercial subscribers within the limits of the area described above, excluding connection charges, for the twelve (l~) fiscal months preceding the applicable anniver- sary date. The Utility agrees to furnish to the Village within thirty (30) days after the first anniversary date of this ordi- nance an itemized accounting showing total revenues accruing from water charges and sewage charges, the percentage due the Village and the balance due the Utility after application to the indebted- nexx, or to the Village as may be applicable. SECTION 1.. ADDITIONAL ORDINANCES. The Village agrees to pass all ordinances necessary or suitable both for the reasonable protection of the rights and property of the UtIlity and to enable the Utility to enforce any of its reasonable rules and regulations for the management, operati9n and control of the services to be rendered by the Utility hereunder and to pass any reasonable ordinance or ordinances that will bF. necessary or Suitable in order to fully confirm to the Utility the rights herein or hereby granted or intended so to be. -8- ~ ~~.- _..~ =- - - .. ,.. = SECTION 15, SEPARABILIT(. If any section, sub-section, sentence, clause, phrase, or portioD of this ordinance is for any reason held invalid or uncom,titutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent proviolon and such holding shall not affect the validity of the remaiuing portions hereof. SECTION 16. All laws, ordinances or parts of laws or ordinances in conflict herewith are hereby repealed. FIRST READING the day of AID,! C"}' bc' A' , 19 (, ':. SECOND, FINAL READING AND PASSAGE the / day of//C' J , 19 I., '~-. .4 /j~ut^ ,/' " I' ~ /'''1 t'f?U.Le'<'F'.)(~ .~~-v// , tftyor (SEAL) ATTEST: / 'i. .' / _~.. ; / .~1. --~ Ju'~- ./ - ~-- age er ,~ ') . The foregoing Franchise is accepted this ..L....:: day of G~~ h_~J 1 q6S. 'HIE NCRTH o l.LA N1Xj C('MfANY By ~'_L" ~ _";~-z' ~,.___--, p Pr~d'ent ,. ",,- 1 . --- I' I ;:' {/-t 2 (.." Secretary .J 't;... '~I ~"- ", t, , ;?;~y ...... :~:l..~.~ ; ,\~7:,ii!\ ~:efcre \":e : '"'rSr,n~i~ 1."J tl n d ~,:'. :..,. .~: -; b e r t 3 , t 0 :rl'3 :'ldTv-;-"'~;'u~j-ls"--descf'.. rJl.\ ',') v,' I T~\ ,_~. ~ ::" :'1.:/ to, 8.n~: Hl~ C 0 f f 1 c.i a 1 '1~) t~e fl r e :4_ _:"'.~ T~'n;^~,!,_..~'~ r_~ ~cr:i_.~___,,_~___ 'tJell Kncwn, a,ld icr()wn :;0 me !-o t'e the ,<:' sxecutnrj tbe f():'ETo~cr a~jreeme!it. sfll, this.let_oay of Octooer ,1965. . ,'1, 1 ( ,) -' "/)., ,,~/. P' ~~_' . I '''' "1*;:...A:"--- ......) '~~r: Not"", ~yt.J;<. s.ot. of New yOft Q...aflMI .. E He CowIv / ~ .... Cnu.II."...... ~.. !h.~ -9- r- .. ,..,~ "R TH ORLANDO Company POST OFFICE BOX t NORTH ORLANDO, FLORIDA February 15, 1965 ~_i" ..., Mrs. IreneV~.l,,~ Ma~r Vi llage of No~~er land9'),. North, Orland.pJ:~ridal!' Subject :,Property for Municipal Building ;D~r,~~,;;v:an,.Epoel : ;'.'~;~:~I'..:\t~"_::.-~~:._ ," ",~; ) " ::", ~...~irms the agreement' between Silver Creek ',', ,'~~n, the North Orlando Company, and the " ,'" rate ':1$[ . :of'lJi"North Orlan<4>,on the matter of your _~i{ting prop~; ';'for a Municipal building. We agree, to give and deed to the Village of North Orlando, for the purpose of erecting a municipal building, a piece of propertyhavang 100' frontage on the Longwood/Oviedo Road by 300' on Moss.Road, for and in consideration of the sum of $1.00. You agree that plans and specifications for the structure in. question will be subject to our approval in so far as general appearance is concerned and to assure an adequate structure from the construction point of view. You also agree to complete this," buildi.ng within one year from the date of the deed. To accomplish this transaction we will require a legal description by a surveyor of the property in question. We would recommend M;t;. Marian Gordon, . Sanford, Florida, to perform this. service in as much as he is familiar with this area. The cost for his service in this instance is the responsibility of the Village. For your informat$on,' we, do not have anywhere in our records adequate .~nformati.~n to serve the purpose in question. ..~ Immediately upon receipt of the aforementioned legal des- criptien, we wi 11 have the necessary documents prepared to con- summate this transaction. This letter should not be construed as limiting condit~ons pertaining to this grant of property which, in the opinion of our Legal Counsel, are necessary to the document. This statement is not intended to compromise or qualify our commitment, but rather only to act in accordance with our obli- gations as a Corporate Officer. ~, p Yours ver:,.,,~~9' ~~;;:.... - "~'~~?-7 F. William Gre~ Executiv.e Vice President FWG/bc cc: Johnson, Ottman, Saperston - -. COpy THE NORTH ORLANDO "m"'Pgry- rOST Q1':'FICE "OX 1 NO~TH OR.I.A NiO, T"LO'1TDA FEBRUARY 15, 1965 ~~s. Irene Van Epoel, Mayor Village of North Orlando North Orlando, Florida Subje.ct: Property for Nunicipa.l Building Dear Mrs. Van Epoel: This letter confirms the agreement betvreen Silver Creek Precision Corporation, the North Orlando Company, and the Incorporated Village of North Orlando, on the matter of your receiving property for a Municipal building. We agree to give and deed to the Village of North Orlando, for the purpose of erecting a municipal building, a piece of property having 100' frontage on the Longwood/Oviedo Road by 300' on Moss Road, for and in consideration of the sum of $1.00. You agree that plans and specifications for the structure in question will be subject to our approval in so far as general appearance is concerned and to assure an adequate structure from the construction point of view. You also agree to complete this building within one year from the date of the deed. To accomplish this transaction we will require a legal description by a surveyor of the property in question. We would recommend Mr. Marian Gordon, Sanford, Florida, to perform this service in as much as he is familiar with this area. The cost for his service in this instance is the responsibility of the Village. For your information, we do not have anywhere in our records adequate information to serve the purpose in question. Immediately upon receipt of the aforementioned legal description, we will have the necessary documents prepared to consuw~ate this trans- action. This letter should not be constued as limitin2 conditions pertaining to this grant of property which, in the opinion of our Legal Counsel, are necesspry to the document. This statement is not intended to com- promise or qualify our comrr~tment, but rather only to act in accordance with our obligations as a Corporate Officer. Yours Very Truly, F. William Gregory Executive Vice President - ~, A G R L E MEN T /~~~~-=~; '- //~7' /-/yc~/ TfiIS ~~~MTF B&~~ ~~d s~tar~~ into tbis ~ . t-- lItl\}' of ~d-6J; ~ ~ 1~65~ by ~nd b~t~.e~ TB~ NORTH oa~ OOKPAIY, b.rei~~fte~ c~lled the CaRp~n,~ .no the VILLAGE OF DO~TW ORLANDOn WLORIDA~ . ~unicip&l corpor.tion~ berein~fte~ c~lled the VRll.ge~ WITNESSETH; THAT WHEREAS the Vill~ge and the CaBpany have entered into a t~anchise for the aper~tion of a water ~nd sewage collection and ai~pos~l system within the Village of Nortb Orl~ndQp Flor]d~t said fr~nchi~e being designated as OrdiD.~ce 110 01 the Village of North Orla~do~ Florid&~ and WHEREAS the f~~nc} ise provides undeT Section 9 for the rights al'd c/liHi:rgas p~yable to the town and also provides tb~t said C~i88;ons due the town sball ~ot be p~id until Bueb tills liS tbe oblig..tioYl of the Village to the COIIkpany has beeD pllid in full and WHE,REAS the Will~ge ~nd tbe Company are desirous of ..ending and modifying this provision regarding the pay.ent of tbe franchise c~j85iQnp HOW~ THEREFOREr in consideration of the sum of One Dollar eacb to the other p~id~ the receipt of which is hereby acknowledged, it is agreed as follows: 10 That the commission payable to the Village under Section 13 of Ordinance 10 in the amount of 3 % shall be paid -1- ~ - --,.~ - "- -- and distributed as follows: <a> O~e-b~lf of the 3 % at the end of ~.ch account- ing period shall be paid to the Village to be used by the Village for use in connection with the f1n~nc1ng of a .un1cipal ball. The rea.tning ons-half of the cORRission provided under Section 13 of said ordinance shall be retained by the Company and applied ~g.inst the indebtedness of the Village to the Ccapany until such tille as said indebtedness is paid in full. It ~s ~cknowledged by the parties hereto that the indebtedness ~t the time of the execution of this Agreement is in the Il.Jllftoun t of 7"'~8 lM.~."'-".... ?fl'_~""M'_~'A""'?r...~~ 2l~ .......: (".n f) ....'i.J Upon pay.ant ot the indebtedness to the Company by the Village in f~ll as provided oereinabove, then the total a.ount of the cOMRissi~n under said franchise due the Village in the amount of 3 % sball be paid to the Village and the Company shall no longer be authorized to retain any portion of said amount. It is &greed by and between the parties that this Agreement shall be effective and remain in effect only until such tias ~s the indebtedness in the amount of $4097.49 has been paid in full. The Company agrees that yearly it will provide to tbe Village a statement of account reflecting the previous balance" the application of one-half of 3 % as agreed herein, and the present balance due to the Campany. IN WITNESS WHEREOF the North Orlando Company has beraunto set its band and seal this / :!r.- _day of a~'ff ~- , -:l- ,- - 1965. THE NORTH ORLANDO COMPANY ~~ BY: ____" -' ... __ ~~ -~ At tes t ; -) _ r ~ _ -6( cJ-~(r.-;/;, ~.fS'9t'-rT- --~ .,UL I~ WITNESS WBEREOF tbe Village of North Orlando, Florida, a Municipal corporation, has hereunto set its hand and setA 1 this ___day of , 1965" :ZP~ Attest: ,;)~I .i? .//~' / " / --;/ h . ~L/i.-e~_.~_--<-, -,_~t~L/i ~I..g~ Clerk SIAL; STATE OF N~' YORK couarn or CHAUTA~UA Before me personally appeared r' e Wm. Gregory -3- ,-.. ~ .. .Dd s. D. Roberta , to.. w.ll known, .nd known ~o .. to be tb. individuals desoribed in .nd who .x.cut.d tb. far.coiDC .11'....nt .. Pr.sid.nt .nd S.cr.t.r, of the .bov. naa.d WORTH ORtAXDO OQIPAIY, . corpor.- tion, .nd .ev.r.ll, acknowledl.d to and before .. th.t they ex.cut.d .uch instruaent a. such Pr.sident and Secretary, r..pectivel,, ot ..id corporation, .nd th.t the seal .ffix.d to th. for.going instruaent i8 the corporate s.al of said cor- por.tion and that it wa. affix.d to .aid in.trua.nt by due and r.gul.r corpor.te authority, .nd that s.id instruaent is th. fr.. .ct .nd d..d of .aid corpor.tion. WITlfBSS .y h.nd and offici.l ..al, this lilt d.y of October , 1965. ~~d.~~.~ o ry PubliC STATE OF FWalDA. COUlfTY 01' S&IIIIfOLI PAUL A. MCCAll ~-:........ .... ., ..... ,... II .. ~ ... ('r . 11 I............ ,," Before ae person.lly .ppear.d David G. Til80n .nd Helen Green , to.e well known, and known to .. to be the individu.1Eescribed in .nd who execut.d th. for.goina .gr....nt .s Mayor and Villag. Cl.rk of th. .bov. na..d VILLlGB l NORTH ORLAIfDO, a .unicip.l corporation, and severally .cknowledg~ i to and before ae that they executed such instruaent .s such Mayor. and Village Cl.rk, resp.ctively, of .aid corporation and that the seal affixed -4- ,,-... .~ .., ... ,. to the foregoing instruaent is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate autbority, and that said instruaent is the free act and deed of said corporation. -. WITNESS my h.nd and official seal, this 3 day of November , 1965. ,~ ;;( :r~~ No ary bIle -...,\ I \ t'Mary f~~) ',' . My (olilmmion'E~ni:~ .' B014deJol' ll.r;'l_lr!~_,~"'~'~,H.!If> -~," ..3 . ,~, .),t. -5- .,~ "'-