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C <br />�, <br />r <br />THE CHAIRMAN AGREED THAT IT MUST BE THOROUGHLY UNDERSTOOD <br />THAT THE CITY COUNCIL WILL BE RESPONSIBLE FOR THE PERPETUAL <br />MAINTENANCE OF THIS VALUABLE AND NECESSARY EQUIPMENT, <br />ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER <br />LAY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR THROUGH THE <br />ROAD & BRIDGE DEPARTMENT TO SPEND UP TO $200 FOR REPAIRS OF THE <br />AUXILIARY GENERATOR AND TO REQUEST THE CITY OF FELLSMERE TO PROVIDE <br />THE COUNTY WITH A RESOLUTION ACCEPTING THE RESPONSIBILITY FOR <br />MAINTENANCE AND UPKEEP OF THIS PARTICULAR PIECE OF EQUIPMENT, <br />ATTORNEY COLLINS DISCUSSED THE MID FLORIDA COURT ORDER <br />AND STATED THAT HE FEELS .JUDGE SMITH RENDERED A VERY WELL REASONED <br />AND HELPFUL ORDER. HE FELT THE MAJOR POINT IS THAT .JUDGE SMITH AGREED <br />WITH THE COUNTY'S ARGUMENTS THAT IN DETERMINING RATES, YOU CAN <br />CONSIDER THE QUALITY OF WATER BEING PROVIDED, WHICH WAS STRONGLY <br />ARGUED AGAINST BY THE ATTORNEY FOR MID FLORIDA, ATTORNEY COLLINS <br />CONTINUED THAT JUDGE SMITH REMANDED THIS MATTER BACK TO THE BOARD FOR <br />FURTHER FINDINGS AND INDICATED THAT THE BOARD SHOULD DO TWO THINGS: <br />(1) THE BOARD SHOULD COME UP WITH WRITTEN DEFAULTS ON THE PART OF <br />MID FLORIDA, GIVE THEM NOTICE, AND GIVE THEM AN OPPORTUNITY TO <br />CORRECT THE DEFAULTS, <br />ATTORNEY COLLINS STATED THAT HE FELT THE COUNTY SHOULD AUTHORIZE THE <br />ENGINEER TO REVIEW THE ENTIRE SITUATION AND PREPARE AN ENGINEERING <br />REPORT THAT WILL BE THE BASIS FOR THE DEFAULT LETTER TO BE WRITTEN, <br />(2) THE BOARD SHOULD COME UP WITH SPECIFIC ACCOUNTING REPORTS AND <br />RECORDS THAT THEY REQUIRE FROM MID FLORIDA AND GIVE MID FLORIDA <br />REASONABLE TIME TO PROVIDE THIS INFORMATION, <br />y ATTORNEY COLLINS NOTED THAT COMMISSIONER DEESON SPECIFICALLY ASKED <br />FOR INFORMATION ON MID FLORIDA'S ASSETS, WHICH WAS NEVER PROVIDED, AND <br />THE JUDGE RECOGNIZED THE BOARD'S RIGHT TO HAVE THIS INFORMATION ON <br />WHICH TO BASE THEIR DECISION, <br />ATTORNEY COLLINS CONTINUED THAT THE JUDGE INDICATED IF THE <br />BOARD WERE INCLINED, THEY COULD SET UP A PROCEDURE WITH AN EXAMINER <br />WHO WOULD HEAR THE INITIAL ARGUMENTS ON THE MATERIAL THAT IS TO BE <br />PROVIDED AND THEN MAKE RECOMMENDATIONS TO THE BOARD FOR FINAL <br />ACTION, HE NOTED THAT JUDGE SMITH ALSO RECOMMENDED THAT THE BOARD <br />ESTABLISH RULES OF PRACTICE AND PROCEDURE FOR RATE HEARINGS, <br />15 <br />x <br />Bou 35 PAGE 15 <br />