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� ® a <br />GENERAL DEVELOPMENT UTILITIES FRANCHISE ASSIGNMENT FROM CITY OF <br />SEBASTIAN <br />The Board reviewed the following memo dated 1/8/91: <br />TO: Board of County Commissioners <br />FROM: Charles P. Vitunac, County Attorney <br />DATE: January 8, 1991 <br />RE: GENERAL DEVELOPMENT UTILITIES FRANCHISE <br />ASSIGNMENT FROM CITY OF SEBASTIAN <br />For some time now the staffs of the County and and the City <br />have been negotiating how best to provide utility service to <br />the City of Sebastian. The consensus of the staff is that <br />of the only two major utility providers in the North County <br />area, i.e., Indian River County and General Development <br />Utilities, that it would be better for Indian River County <br />to undertake the total provision of water and sewer service <br />to the City of Sebastian as well as to the surrounding <br />unincorporated areas. <br />For the County to be the sole provider, it would be <br />necessary for the County to acquire General Development <br />Utilities' rights to engage in utility service in the City. <br />The County could do this by eminent domain action against. <br />GDU directly or by acquiring the franchise rights of the <br />City to' acquire the facilities of CDU by the methods <br />mentioned in the franchise. The City of Sebastian has <br />agreed to transfer whatever rights it has to acquire GDU <br />facilities to the County as long as the County agrees to <br />hold the City harmless from any litigation which might <br />result from the assignment. <br />The attached Assignment transfers all of the City's rights <br />41 to the County, and, if the County Commission enters into <br />this assignment, it would be the plan of the Department of <br />Utility Services to proceed to acquire GDU North County <br />facilities by the formula set out in Sebastian Ordinance No. <br />0-81-9, which is attached to the assignment. <br />Staff .recommends approval of the assignment and authority <br />for the*Chairman to sign it on behalf of the Board. Staff <br />further recommends approval for the Utilities Department to <br />proceed in the acquisition of the GDU North County --utility <br />facilities. <br />34a <br />JAN 22 1991 <br />DOOK FAuL '��� <br />