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Commissioner Scurlock requested that we jump ahead on the <br />Agenda at this point to Items 12A and 13D, both relating to the <br />Town of Indian River Shores as Town officials were present. <br />Board members had no objection. <br />CONSENT TO JOHN'S ISLAND WATER_ MANAGEMENT/INDIAN_RIVER SHORES <br />AGREEMENT FOR NON -POTABLE WATER <br />County Attorney Vitunac reviewed the following: <br />TO: BOARD OF COUNTY COMMISSIONERS <br />FROM: Charles P. Vitun-ac, County Attorney <br />DATE: September 18, 1991 <br />HE: CONSENT TO JOHN'S ISLAND WATER MANAGEMENT, INC. - <br />TOWN OF INDIAN RIVER SHORES AGREEMENT FOR <br />NON -POTABLE WATER <br />A 'private not-for-profit corporation called John's Island Water <br />Management, Inc. (JIWM) has obtained a franchise from the Town of <br />Indian .River Shores to provide non -potable water for part of the John's <br />Island Club area. JIWM would like the County to acknowledge that the <br />system it will provide will not be subject to County control. <br />Chapter 367, Florida Statutes, exempts Indian River County from the <br />control of the Public Service Commission and states that "Each county <br />which is excluded from the provisions of this chapter 'shall regulate the <br />rates of all utilities in that county which . would. otherwise be subject to <br />regulation by the [Public Service] Commission." Those utilities which <br />are not subject to PSC jurisdiction -and thus are not under county <br />jurisdiction include "...systems owned, operated, - managed, or <br />controlled by governmental authorities . " [ 367.022 (2) , F . S . ] 'r <br />Changes recommended by me to JIWM included having the Town of <br />Indian River Shores sign the Agreement acknowledging that it does <br />control the JIWM system such that the exemptions of Section 367.022, <br />F. S. would apply. The Town has agreed to make that acknowledgment, <br />and the result is that the County's execution of the attached agreement <br />would acknowledge what the law requires anyway, i.e., that the County <br />does not control the rates of a franchise controlled by Indian River <br />Shores within the town limits of Indian River Shores. <br />RECOMMENDATION: Authorize the Chairman to execute the attached <br />agreement in triplicate. _ <br />Attorney Vitunac noted that Commissioner Eggert had a <br />question as to whether this affects rights of the County in <br />regard to R/W, and he advised her that it does not, but to make <br />that clear, he would suggest the following language be added as <br />Section 1.2 D: <br />71�U�K. ::uc s <br />_ <br />SEP 2 l.s � t <br />4: 1991 <br />