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EFFECTIVE DATE FOR GARGABE FRANCHISE FEE <br />Attorney Brandenburg noted that the Board recently <br />adopted two Franchises in the middle of the month, and this <br />causes a bookkeeping headache. He, therefore, recommended <br />that the Chairman be authorized to send the franchisees a <br />letter stating that the franchise fee will be effective as <br />of June 1, 1982. <br />ON MOTION by Commissioner Lyons, SECONDED by <br />Commissioner Bird, the Board unanimously <br />authorized the Chairman to write Rural Sani- <br />tation and Harris Sanitation to inform them <br />that the franchise fee would become effective <br />as of June 1, 1982. <br />APPEAL OF DUCK POINT ANNEXATION DECISION BY SEBASTIAN <br />Attorney Brandenburg informed the Board that the <br />Sebastian City Council by a 3 to 2 vote agreed to appeal the <br />decision of Judge Sharp against their annexation of'Duck <br />Point. He noted that the question is how to handle this <br />property in the interim because it will take approximately <br />1h years for a decision from the Fourth District Court. He <br />continued that the filing of an Appeal automatically stays <br />the lower court's order. The Attorney for the City of <br />Sebastian takes the position that by staying the Order, this <br />property remains in the City. Mr. Brandenburg's position is <br />that the annexation was invalid and it remains invalid, and, <br />therefore, the property remains in the County. To deal with <br />the property in the interim, he suggested that the Board <br />authorize him to work with the Attorney for the City of <br />Sebastian on a Stipulation that in the interim both entities <br />agree that the property will remain in the County and any <br />building in the area would come through the County Planning <br />JUN 16 1992 <br />86 50 fAtf 87 � . <br />