4/3/1985 - Laserfiche WebLink

Home Browse Search

UZ 3 1985 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 Suncom: 424-1425 April 2, 1985 BOOK 60 PAGF 4?5 GARY U. BRANDENBURG County Attorney CHRISTOPHER J. PAULL Asst County Attorney JAMES P. WILSON Asst. County Attorney Samuel A. Block, Esq. 2127 Tenth Avenue Vero Beach, FL 32960 Re: Village Green Phase IV Water & Sewer Franchise Dear Sam: This letter will serve to confirm that the Village Green, Phase IV (West), water and sewer franchise, Resolution No. 80-88, adopted on September 17, 1980, is in effect and has not been amended to date. The Division of Utility Services has informed this office that the escrow for impact fees is currently delinquent. The escrow should contain $144,813.00, but has a present balance of $120,135.75, leaving a shortfall of $24,677.25. It also should be noted that these impact fees were based on old Ordinances Nos. 80-21 and 80-22, which have been amended and replaced with Indian River County's current Ordinance No. 84-18, which requires much higher impact fees. The County Commission recently entered into an agreement with Florida Atlantic Associates allowing the owner to make periodic payments to reduce the delinquent balance with respect to the impact fee escrow. A copy of this agreement is attached for your reference. The terms of the franchise require a public hearing prior to the franchise holder selling or transferring any rights to another under the franchise. Typically, the County has required the updating of all franchises upon transfer. I am not sufficiently familiar with all the intricacies of the proposed purchase by Realtor Indian River County Partners, Ltd. and do not express any opinion at this time as to whether the proposed transaction falls within the meaning of Section 12 of the franchise. This statement should not be construed as a waiver or the basis for any estoppel against the County should the County, after being more fully Informed, decide the facts warrant invoking the transfer provisions of Section 12 of Resolution 80-88. Please be advised that I intend to request permission from the Board of County Commissioners of Indian River County, at their regularly scheduled meeting on April 3, 1985, to take whatever steps are necessary to resolve disputed portions of the Phase IV franchise including permission to file a Complaint for Declaratory Relief, if necessary. Issues to be addressed will include the County's right to require that Village Green water and sewer franchise, Phase IV, become a part of the unified County water and sewer system, and the County's right to charge the owners current impact fees, provided by County Ordinance, connection fees, and other charges. However, it should be noted that, as of this date, the County has not ordered the owners of the facility to connect to the County -wide system. All accumulated impact charges and maintenance fees, under Section 15 of the franchise, may only be used for the purposes specifically set forth in the franchise and enabling Statute. These sums are held in escrow by the County for the benefit of those receiving service from the franchise holder, and as such may not be encumbered in any fashion which would impair the County's ability to use said funds for the purposes described in the Resolution. GMB /lk 60 t