Laserfiche WebLink
EE B 6 1995r <br />1 <br />BOOK 9 Pn �0 <br />question whether the area to the north owned by the Zaremba group <br />is vested or not. Obviously, there are many who want service, <br />but the question facing North Beach Water Company is can they <br />service everybody else in their first phase and not jeopardize <br />their project. <br />Attorney Brandenburg felt that just because the County <br />encourages one plant and gives them a franchise, it does not vest <br />any of those lands that franchise -is going to serve at any <br />particular density. He pointed out that the County is sizing a <br />plant out SR -60 and developers voluntarily had their land <br />assessed for some 4000 units. That does not vest those <br />developers with that many units on each one of those lands. <br />William Caldwell, attorney representing North Beach Water <br />Company and other north beach properties, informed the Board that <br />the new plant will have a capacity of one million gallons per day <br />which will serve 2000 units, 1500 of which have been subscribed <br />to by the stockholders of North Beach Water Company and also Bay <br />Tree. Five hundred units have not been subscribed for. The <br />existing franchise territory at 6 units per acre would have a <br />total requirement of two million gallons per day, but Attorney <br />Caldwell pointed out that when you put the 3 -unit moratorium on <br />this franchise area, it results in a decided shortfall because <br />not all the property owners there are going to buy all their <br />units. If the franchise area is expanded, it will alleviate some <br />of the problem in that there is hope that the added area will <br />take up the slack. Attorney Caldwell stated that while he <br />agrees with Attorney Brandenburg about the franchise territory <br />being a specific size and everyone in that territory having a <br />right to rely on zoning and getting water taps, he believed that <br />the property owners in that area who have entered into <br />development agreements and spent many hundred thousand dollars to <br />build the water plant have some vesting. He further felt that <br />these vested rights have to be considered on an individual basis. <br />Last April the owners of Orchid Island Club requested and were <br />48 <br />M - <br />