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J U L 1 <br />r, 796 <br />Boot PAuL <br />4. Amend the existing franchise as follows: <br />A. Section VI - reference to "Construction <br />Specifications for Water Distribution and Sewage Collection <br />Facilities' promulgated by the City of Vero Beach, Water and Sewer <br />Department, November 1, 1977, or as amended "shall be changed to <br />"Current County Construction Specifications as amended"...; and <br />B. Section XIV - Under "ESCROW CHARGES" delete all <br />of Paragraph A and the last sentence of Paragraph B and renumber <br />Paragraphs B and C; and <br />C. Section XX reference to "s125.43, Florida <br />Statutes," should be changed to "s125.42, Florida Statutes"; and <br />D. Section XXII - should be deleted and replaced by <br />the following: <br />FRANCHISE FEE <br />A. The Utility hereby agrees to pay to the County a franchise <br />fee in the amount of 6% of the Utility's annual gross receipt or <br />operating costs (which includes the rate of return), whichever <br />is greater. <br />If Utility does not have a rate schedule, then it shall pay 6% <br />of its gross operating costs or the sum of $500.00, whichever is <br />greater. The Utility shall pay the 6% franchise fee quarterly. <br />This fee shall be shown as a separate additional charge on the <br />utility bills. <br />B. The Utility shall supply the County with a copy of an annual <br />report in a form prescribed by Indian River County and financial <br />statements. All records and all accounting of the Utility shall <br />be in accordance with the Uniform System of Accounts of the <br />National Association of Regulatory Utilities Commissioners and <br />generally accepted accounting principles. Within 90 days after <br />the close of the fiscal year, the Utility shall submit financial <br />statements certified by a CPA and also a letter from a CPA <br />certifying that the 6% franchise fee and any other requested <br />fees have been collected and disbursed in accordance with the <br />terms of this Agreement. <br />Commissioner Eggert asked if the amendments recommended in <br />part 4 bring the franchise to what the franchise would read if <br />they wanted to get it today new. <br />Chairman Scurlock stated they would not and he wished to <br />know why is staff recommending seven years rather than the <br />current franchise we are issuing in a non-discriminatory manner <br />to those coming into the county for the first time. <br />Utilities Director Pinto explained that the present <br />franchise does not have a specific date of expiration other than <br />the 7 year option time stated in the franchise, and, therefore, <br />staff is reading that as an extension of the existing franchise <br />and going another seven years, and then felt we would have met <br />our obligation. <br />44 <br />M <br />