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The County Attorney informed the Board that we have two <br />existing water and sewer franchises covering Village Green Park. <br />One of those was granted by the County in the early 70's and the <br />other in the 801s. The one concerning us the most is the Village <br />Green Unit IV Franchise because back then we were just getting <br />into the impact fees, and franchises granted then were written <br />with the franchise fee current at that time being referred to <br />instead of referring to impact fees as those being current <br />whenever they hooked into the system. The issue now is, if the <br />County, for some reason, ever should have to take over the water <br />and sewer for that very large park because of default or the <br />quality of water, etc., does the County have the right to charge <br />them our now current impact fees. The second issue is do we have <br />the right to require the park to hook up to our system should it <br />appear to the Commission it is to everyone's best interest. <br />Attorney Brandenburg stated that he would like to take those two <br />issues to court and get them resolved now so that the County, in <br />planning its expansion for utilities, and the people who live in <br />the park will know where they stand for the long run. <br />The County Attorney continued that he would request that the <br />Board authorize his office to talk with the current owners, and <br />prospective purchasers, if there are any, and if we cannot <br />resolve those issues in an amicable manner, that his office then <br />be authorized to file suit against the current holder, Florida <br />Atlantic. Should there be a sale of the Phase IV project in the <br />interim, staff would like permission to bring in the new owners <br />also. He noted that Mr. Miller, agent for Florida Atlantic, is <br />here today, and we wouldn't have any dispute or lawsuit if <br />Village Green agreed the County has a right under the current <br />franchise to require them to hook into the county's water and <br />system at the current impact fees. <br />Mr. Miller noted that not being an attorney, he is not sure <br />whether the franchises provide for the County to force them to <br />61 <br />APR 3 1985 Boor C30 �-"cF.?.6 <br />