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over the objections of its staff and outside consultants, the Fellsmere City Council reduced the service <br /> area to its own city limits. <br /> City of Vero Beach Water/Wastewater Franchise. In 1987, when Indian River County's <br /> water/wastewater system was in its infancy, the county granted 30 year franchises to the City of Vero <br /> Beach to provide water/wastewater service to certain areas of the unincorporated county. The county <br /> now has a robust water/wastewater utility, and has advised the city that the county intends to serve <br /> these areas after expiration of the franchises in 2017. The city has countered with a letter from its <br /> outside utility counsel stating that, based in part upon FS 180.02(2) and FS 153.03, the city can keep <br /> serving these areas, with or without consent by or a franchise from the county — in short, even if the <br /> franchises were for a limited agreed term, FS 180.02(2) and FS 153.03 authorize the city to keep <br /> serving the areas forever if it wants to. The parties are trying to negotiate a solution, but the problem <br /> remains unresolved. <br /> C. The Proposed Amendments <br /> Indian River County proposes an amendment to FS 180.02(2) requiring county consent before a <br /> municipality may extend its utility into the unincorporated cotway — specifically, ad i ion-of the <br /> following language to the end of FS 180.02(2): "... and provided further that said corporate <br /> powers shall not extend or apply within the unincorporated areas of any county without the <br /> consent of the Board of County Commissioners of such county." <br /> Indian River County also proposes an amendment to FS 153.03(1) stating that a county may serve <br /> an area of the unincorporated county after a franchise allowing a municipality to serve the area <br /> expires, if that is the preference of the residents of the area, as expressed in a referendum or mail <br /> survey — specifically, amending the final sentence of FS 153.03(1) to read: "No county shall <br /> furnish any of the facilities provided by this chapter to any property already being furnished like <br /> facilities by any municipality (a) without the express consent of the council, commission or body <br /> having general legislative authority in the government of such facility; provided, however, that <br /> such consent shall not be required if the municipality furnished such services in an <br /> unincorporated area of a county pursuant to a franchise agreement, resolution or ordinance <br /> which has expired, and (b)without first holding a referendum of qualified voters residing in <br /> the area proposed to be served by the county,or a mail survey of owners of property located <br /> in the area proposed to be served by the county,which referendum or survey indicates that a <br /> maiority of those voting or responding to the survey prefer to be served by the county." <br /> D. Conclusion <br /> The ability of many counties to furnish utility services has greatly expanded since 1935 and 1955 <br /> when FS 180.02(2) and FS 153.03(1) were enacted. The proposed amendments will (1) place <br /> counties on equal footing with municipalities and private companies with respect to consent in <br /> utility extension situations, and(2)place decisions to extend utility services into the unincorporated <br /> areas of counties in the hands of the Board of County Commissioners which was elected by those <br /> residents who are most impacted by the decisions. <br /> 230 <br />