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HomeMy WebLinkAboutOrdinance 10 (new) Water/Sewer,~'.. :ti :~ ORDINANCE # 10 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH ORLANDO, FLORIDA, GRANTING AN EXCLUSIVE FRANCHISE TO THE NORTH ORLANDO COMPANY, A FLORIDA CORPORATION, TO OPERATE AND MAINTAIN A WATER SYSTEM AND SEWAGE COLLECTION AND DISPOSAL SYSTEM IN THE VILLAGE OF NORTH ORLANDO, 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 VILLAGE LIMITS; PROVIDING FOR SEWER CONNECTIONS AND PENALTIES FOR THE VIOLA- TION OF SUCH PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Village Council of the Village of North Orlando, Florida: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the VILLAGE OF NORTH ORLANDO, FLORIDA, WATER AND SEWAGE FRANCHISE ORDINANCE. SECTION L. DEFINITIONS. (1) The word "'Utility" as used herein refers to The North Orlando Company, a Florida corporation. (L) The word "Village" as used herein refers to the Village of North Orlando, Florida. SECTION 3. GRANT OF AUTHORITY. In consideration for the under- taking by the Utility of furnishing water distribution and sewage collection services to the area included in the Village, there is hereby granted by the Village to the Utility the exclusive right and privilege to erect, construct, operate and maintain: (1) A water distribution system and the right and privilege to pipe water into the Village to transport the same by mains and pipes throughout the Village and the exclusive right to sell and distribute water within the Village; and for these purposes to establish the necessary facilities and equipment to lay and main- tain water mains, 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 the Village. (2) A sanitary sewage collection and disposal system for the collection and disposal of all non-industrial sewage and the right and privilege to transport the same by mains and pipes throughout the Village; and for these purposes to establish the necessary facilities and equipment and to lay and maintain sanitary sewer mains, pipes and any other appliances and appur- tenances necessary to the collection and disposal of non-industrial sewage, sometimes more commonly called domestic sewage, in, under and along the streets, alleys and other public places in the Village. 1 •.• , • • • . e ~. •. (3) Nothing in this franchise nor in the rights and privileges herein granted shall be construed to prevent the Village from granting exclusive or nonexclusive rights, privileges or ease- ments to other persons, firms or corporations for furnishing utility services other than water service and/or sewer service provided the exercise of such granted rights, privileges and easements 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. COMPLIANCE WITH APPLICABLE LAWS AND ORDINANCES. The Utility shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power by the Village, and to such reasonable regulations as the Village shall hereafter by resolution or ordinance provide. SECTION 5. LIABILITY OF UTILITY; INDEMNIFICATION. It is expressly understood and agreed between the Utility and the Village that the Utility shall save the Village harmless from all loss sus- tained by the Village on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence on the part of the Utility in the construction, operation or mainten- ance of its water or sewage systems in the Village. The Village shall notify the Utility's representative as soon as possible after the presentation of any claim or demand, either by suit or otherwise, made against the Village on account of any negli- gence as aforesaid on the part of the Utility. SECTION 6. SERVICE STANDARDS. The 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 requirements and regulations of the Florida State Board of Health, and particu- larly without limitation in accordance with the following provisions: (1) WATER. (a) FIRE HYDRANTS. The Utility shall install fire hydrants along the water mains to be constructed in the Village at such locations as may be designated by the Village but not closer than at street intersections. The Utility shall deliver such water in such quantities as will maintain 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, the Utility does not guarantee that the supply of water to be distributed to such fire hydrants shall be at all times constant or maintained at the 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 authority, or by riot or other cause beyond the control of the Utility, shall not constitute a breach of the provisions of this sub-paragraph or impose liability upon the Utility to the Village or to its inhabitants or water consumers therein. -2- •~ ~., • (b) RESIDENTIAL - OTHER USERS. At all times the Utility shall be able to provide for the use of consumers within the Village a minimum 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 consumer, and to maintain at all times the quality and purity of such water to meet the United States Public Health Service Drinking Water Standards promulgated February 5, 1946, as regulations of the United States Public Health Service. How- 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 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, breakdowns, damage to machinery or lines, civil or military authority, or by riot or other cause beyond the control of the Utility shall not constitute a breach of the provisions hereof, or impose liability upon the Utility to the Village or to its inhabitants or water consumers therein. (c) METERS. All water delivered to consumers hereunder (except water delivered to fire hydrants) shall be measured by meters of standard make and of sufficient size, such meters to be furnished, installed and maintained by and at the cost of the Utility. In case the Village shall at any time question whether any meter or meters are registering correctly, the Village shall have the right, upon making written request to the Utility, to have such meter or meters tested in the presence of a representative of the Village and if, as a result of such test, such meter or meters shall be found to be incorrect or inaccurate the same shall be restored to an accurate condition or a new meter or meters shall be installed at the cost of the Utility. If such meter or meters be found to be within three per cent (3%) of the accurate or true reading, the cost of such test shall be borne by the Village but otherwise shall be paid by the Utility. Should any test or tests show any such meter or meters to be substantially inaccurate, computations for water previously delivered since the last preceding monthly meter reading shall be adjusted accordingly. (2) SEWER. (a) The Utility shall operate and maintain a sanitary sewage collection and disposal system adequate for the safe and sanitary collection, treatment and disposal of all non-industrial sewage in the Village. At all times such sewer system shall be operated and maintained in accordance with all reasonable regulations and recommendations of the Florida State Board of Health and such 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 the Utility and the same shall be open to inspection by any govern- mental 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 have access to the sewer collection or disposal facilities to conduct any and all tests as such agencies shall determine necessary to insure compliance with the aforesaid regulations and recommendations. In the event such agencies shall determine the operations of the system do not meet the aforesaid regulations or recommendations, the Utility shall immediately, at its sole expense, make any adjustment, -3- . ~~. -• ~.~~ . i • t..., repair, installation or improvement that shall be lawfully necessary or reasonably required by such agencies to bring the operation of the sewer system up to the aforesaid regulations and recommendations. The Utility shall maintain the aforesaid sewer system at all times in good order and repair so that satisfactory service may be supplied to each of the users thereof within the Village. SECTION 7. OTHER PROVISIONS. The Utility will furnish and maintain at its own cost, all necessary fittings, pipes and appliances, including all meters and meter boxes, to deliver water to the consumer at the property line. A 11 such fittings, pipes, appliances, meters and meter boxes shall remain the property of the Utility, and shall at all times be accessible to it and under its control. The service line from the meter to the consumer's premises shall be laid and maintained by the applicant at his 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 the consumer maintained in good order and condition. Sewer lines shall also be furnished and maintained by the Utility, together with all necessary appurtenances thereto to the property line of the consumer. The sewer line from the property line to the consumer's premises shall be laid and maintained by the applicant at his own cost. The sewer line shall be of ample size, of standard quality, and the appurtenances thereto shall be maintained in good order and condition. All of such water and sewer connections required to be furnished by the applicant shall be of such size and quality as shall be required by the Utility and shall be laid and installed in accord- ance with its rules and regulations. The Utility shall be authorized to establish reasonable rules and regulations not in violation of the terms of this franchise. SECTION 8. EXTENSIONS. Anything to the contrary contained elsewhere herein notwithstanding, the Utility shall be under no obligation to extend its mains, lines, appurtenances and facilities to any area of the Village platted of record, unless and until there shall have been filed with the Utility a sufficient number of applica- tions for service by prospective consumers who will actually reside 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. 5o 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 sha 11 be as follows: -4- . ~~ • h S (1) WATER . (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 (2Z) 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 which was incurred or came into being prior to the date of this ordinance. The charge 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, 1(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 the 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 ordinance 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 feasible. 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, aad 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 until 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 s ize , the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility monthly to the consumer at the following rates: -5- ,, _ • ' ~ ~"~ . 0 to 6,000 gallons Minimum monthly charge 3.50 Next 1,000 gallons 50~ per 1,000 gallons Over 7,000 gallons 35~ per 1,000 gallons (c) OTHER USERS. For water consumers other than those described in sub-paragraphs (a) and (b) above, the quantity of water delivered by the Utility shall be determined from meter readings made by or on behalf of the Utility monthly and billed by the Utility monthly to the consumer at rates set by special contract between the consumer and the Utility. (c) PENALTIES. In the event water bills are not paid within 30 days, the Utility shall have the right to discontinue both the water service and sewer service to the consumer without further notice and such service shall not be restored until after all past bills have been paid, plus reimbursements to the Utility for all extra expenses (such as special trips, inspections, disconnecting and reconnecting service, additional clerical expense, etc.) in- curred by the Utility on account of any delinquent bill, or on account of the consumer's violation of the contract for water or sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is Five ($5.00) Dollars. (e) COMBINED BILLING. Water and sewer bills may be combined under one billing. (f) CONNECTION CHARGES, DEPOSITS. Applications for connection to the water distribution system shall be made upon forms to be furnished by the Utility in compliance with the rates, rules and regulations of the Utility, and after approval of the application by the Utility thereon. The size of service lines, valves, meters, and other fittings, fixtures or appliances necessary to give the service applied for shall be a reasonable and proper size to be determined by the Utility at the time of the application. Such applications shall be accompanied by the payment of the following connection charges: Size of Connection Connection Charge 1" 50.00 Over 1" To be set by Utility and by payment of a reasonable deposit to guarantee payment of water bills. (L) SEWER. (a) SINGLE FAMILY RESIDENTIAL USERS. A monthly charge shall be made and billed by the Utility at the following rates: Where water consumption by such customer is 4,000 gallons per month, or less Minimum charge$3.50 Where water consumption by such customer is in excess of 4,000 gallons per month " $4.00 In the event that customer's building has more than one toilet or bathroom, an additional charge of 50~ per month per toilet or bathroom beyond one shall be made. -6- ~.: , . • i .~ .~ ~. (b) OTHER USERS. For sewer customers other than those des- cribed in sub-paragraph (a) above, monthly rates shall be set by special contract between the consumer and the Utility. (c) PENALTY. In the event sewer bills are not paid within 30 days, the Utility shall have the right -:o discontinue both the water service and sewer service to the consumer without further notice and such service shall not be restored until after all past bills have been paid, plus reimbursement to the Utility for all extra expenses (such as special trips, inspections, dis- connecting and reconnecting service, additional clerical expense, etc.) incurred by the Utility on account of any delinquent bill, or on account of the consumer's violation of the contract for water or sewer service or of the Utility's rules and regulations. The minimum charge to cover such extra expenses as to each of said services is Five ($5.00) Dollars. (d) COMBINED BILLING. Sewer and water bills may be com- bined under one billing. (e) CONNECTION CHARGES, DEPOSITS. Applications for connection to the sewer collections system shall be made upon forms to be furnished by the Utility in compliance with the rates, rules and regulations of the Utility, and after approval of the application by the Utility thereon. The size of service lines, valves, meters and other fittings, fixtures or appliances necessary to give the service applied for shall be a reasonable and proper size to be determined by the Utility at the time of the application. Such applications shall be accompanied by the payment of a connection charge of Ten ($10.00) Dollars, and by payment of a reasonable deposit to guarantee payment of sewer service bills. 3. CHANGES IN RATES AND CHARGES: WATER OR SEWER. The above rates are the initial rates and charges which by the granting of this franchise are determined to be reasonable in accordance with the provisions of this section. The Utility may establish, amend, revise and enforce from time to time or times in the future, different rates or charges reflecting rates and charges lower or higher than those shown above, provided, however, that any such lower or higher rates or charges so established or enforced from time or time by the Utility shall be subject to the provisions of this Section 9. 4. TAX CLAUSE. The rates and charges, including minimum and other charges and service guarantees are dependent upon Federal, State, county, municipal, district or other governmental taxes, license fees and/or other impositions upon the Utility, and such rates and charges may be increased, or a surcharge added, if and when any or all such taxes, license fees and/or other impositions are increased, at the cost per hundred gallons or other applicable unit of charge, of such additional taxes, license fees and/or other impositions. SECTION 10. TERM OF FRANCHISE. This ordinance shall take effect and be in force from and after the final passage hereof, as required by law, and upon filing of acceptance by the Utility with the Village Clerk. Such franchise shall continue in force -?- ~- • ~',i, ~, _~ .. ` 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 improved property fronting on a street wherein sewer collection service is available shall connect the improvements upon such premises in the manner herein or by or by law of the Village provided. Any person convicted of violating this section shall 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 impr isonment. 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 waver, the Utility is hereby given the right and authority to make assignments of this franchise and the rights, privileges and authorities granted hereby and all assignees upon the acceptance thereof shall be bound to the same extent as if they were originally named as the Utility hereunder. SECTION 13. Within thirty (30) days after the first anniversary date of this franchise and within thirty (30) days after each such succeeding date of this franchise the Utility, its successors and assigns, shall pay to the 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 (12) 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 14. ADDITIONAL ORDINANCES. The V D].age 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, operation and control of the services to be rendered by the Utility hereunder and to pass any reasonable ordinance or ordinances that will be necessary or suitable in order to fully confirm to the Utility the rights herein or hereby granted or intended so to be. -8- 1 :. ~- . SECTION 15, SEPARABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent ~urisdietion, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 16. All laws, ordinances or parts of laws or ordinances in conflict herewith are hereby repealed. FIRST READING the ,/ day of /(w ~/e~-» b~.2 , 19 b 5 SECOND, FINAL READING AND PASSAGE the / day of ~l~ ~. , 19 loS , y or (SEAL) ATTEST: ~ ~'~/ i;1 i ~ ,~` ,~ v ~ t rage c ter The foregoing Franchise is accepted this / day of ~e ~ ~~~. , 1965 . THE NORTH ORLANDO COMPANY By ~._-- e Pr sident Attest: Secretary STATE OF NE„~i YORK, COT7NTY OF CHAUTAU~~UA Before me personally appeared F. Wm. Gregory and S. D. Roberts , to me well known, and known to me to be the individuals described in and who executed the foregoing agreement. WITNESS my hand and official seal, this lst day of October , 1965• ,~r;iiL t;. McCAE3E - 9 - Notary Pu61Ic, Srot~ of Nwr York Quopfiod ka Etla County Mr c..Mw.. r~-.. M«a~ ~ n~ .. ~• . i7 • ~ ~ A G R E E M E N T THIS AGREEMENT, made and entered into this ~---'sue day of -,~ .~ , 1965, by and between THE NORTH ORLANDO COMPANY, hereinafter called the Company, and the VILLAGE OF NORTH ORLANDO, FLORIDA, a municipal corporation, hereinafter called the Village, WITNESSETH: THAT WHEREAS the Village and the Company have [? entered into a franchise for the operation of a water and sewage collection and disposal system within the Village of North Orlando, Florida, said franchise being designated as Ordinance #10 of the Village of North Orlando, Florida, and WHEREAS the franchise pr ovides under Section 9 for the rights and charges payable to the town and also provides that said commissions due the town shall not be paid until such time as the obligation of the Village to the Company has been paid in full and WHEREAS the Village and the Company are desirous of amending and modifying this provision regarding the payment of the franchise commission, NOW, THEREFORE, in consideration of the sum of One Dollar each to the other paid, the receipt of which is hereby acknowledged, it is agreed as follows: 1. That the commission payable to the Village under Section 13 of Ordinance 10 in the amount of 3 °~ shall be paid -1- •~. - • • a nd d is tr ibuted as follows : (a) One-half of the 3 ~ at the end of each account- ing period shall be paid to the Village to be used by the Village for use in connection with the financing of a municipal hall. The remaining one-half of the commission provided under Section 13 of said ordinance shall be retained by the Company and applied against the indebtedness of the Village to the Company until such time as said indebtedness is paid in full. It is acknowledged by the parties hereto that the indebtedness at the time of the execution of this Agreement is in the amount of ~„z~ ~ ~' e-...e • ,~ 7z•c~ ,at....,..d-'tr'x~e~,.v2f ~~-..Zug h~« ~• ~~6 ~Lc Sid tiS 1 • Upon payment of the indebtedness to the Company by the Village in full as provided hereinabove, then the total amount of the commission under said franchise due the Village in the amount of 3 ~ shall be paid to the Village and the Company shall no longer be authorized to retain any portion of said amount. It is agreed by and between the parties that this Agreement shall be effective and remain in effect only until such time as the indebtedness in the amount of ~4097.1j-9 has been paid in full. The Company agrees that yearly it will provide to the 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 Company. IN WITNESS WHEREOF the North Orlando Company has ice. hereunto set its hand and seal this f ~- day of ~ ~ ~~ , -~- ti I~ V1 • 1965. Attest: • THE NORTH ORLANDO COMPANY ~- ~~~`~-.- ;~ ~ `~ecr`ef"ary SEFiL: IN WITNESS WHEREOF the Village of North Orlando, Florida, a municipal corporation, has hereunto set its hand and seal this day of , 1965. THE VILLAGE OF NORTH ORLANDO BY: Attest: i i age er SEAL: STATE OF NEW YORK COUNTY OF CHAUTAUQUA Before me personally appeared F. Wm. Gregory -3- • • and to me to ~ f oregoing Secretary tion, and S. D. Roberts , to me well known, and known be the individuals described in and who executed the agreement as President and of the above named NORTH ORLANDO COMPANY, a corpora- severally acknowledged to and before me that they executed such instrument as such President and Secretary, respectively, of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said cor- poration and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 1st day of October , 1965. G7s~fiC- ~. ~,~~ ' P ~' - o ary u is PAUL A. McCA$g Notory rvbik S1o-• of Nor Pert GTuaItA•d le Erb Coup ~ ~ STATE OF FIARIDA ~- won ~WrotNMbrcA 1q, ~y /,',+/' COUNTY OF SEMINOLE Before me personally appeared David G. Tilson and Helen Green , to me well known, and known to me to be the individuals described in and who executed the foregoing agreement as Mayor and Village Clerk of the above named VILLAGE OF NORTH ORLANDO, a municipal corporation, and severally acknowledged to and before me that they executed such instrument as such Mayor and Village Clerk, respectively, of said corporation and that the seal affixed -4- ~t ~ ~ • . _ . ~ . to the foregoing instrument is the corporate seal of said cor poration and that it was affixed to said instrument by due and regular corporate authority, and that said instrument is the free act and deed of said corporation. WITNESS my hand and official seal, this 3 day of November , 1965. d o ary u is ~o~argo ~,~ ~NSy fm~zrrs;ssocn cx~,~r s F. _, r,;;;,, Bonded BY Aim:riccn Pua 3 •- ~ ..osi~aAi Cc. f t -5-