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subsequent to the date of this Agreement. The CO TY shall provide such <br />� <br />capacity to the CITY after being given not less than months notice of the CITY'S <br />request for such capacity. <br />•� <br />The CITY shall not give such notice until the CITY'S wastewater treatment <br />plant has reached a capacity level both operating and committed equal to eighty five <br />(85) per cent of the design capacity rating of the plant. <br />3. Should South Beach be annexed into the CITY before the CITY requests <br />capacity from the COUNTY, or should South Beach be annexed into the CITY <br />within two (2) years after a request for capacity has been made, the COUNTY'S <br />responsibility under this Agreement shall cease and the South Beach area shall <br />become the permanent wastewater service territory of the CITY. If annexation <br />takes place more than two (2) years after a request for capacity has been made, <br />the rights of the. parties under this Agreement shall not be affected by such <br />annexation. <br />City Manager Little emphasized that the County will be given <br />48 months notice of any request for capacity. <br />Attorney Brandenburg noted that this is where our disagree- <br />ment lies. The capacity we currently have from the City is just <br />about all committed (we have taken reservations on it) and our <br />other plants also are committed. We cannot guarantee that on 24 <br />months or 48 months notice, we positively would be able to return <br />that capacity. The way we.had it set up before is that we would <br />give the City the capacity if we have it and it is uncommitted, <br />and he believed we can commit that we will use our best efforts <br />to do it. The new wording would be committing us to build <br />another wastewater plant before we know it is economically <br />feasible, whether it will be permitted, before we have customers <br />to support it, know interest rates, etc., <br />Commissioner Scurlock noted that all we have right now is <br />the first draft of our wastewater master plan. <br />Attorney Brandenburg commented that this comes back to <br />another issue - when the City was proposing to annex the South <br />Beach area, there was no concern or attempt to get the County to <br />75 <br />FEB 2 0 1985 Boos 59 F,c� 981 <br />