Laserfiche WebLink
Section 2. Conditions Precedent. Notwithstanding anything to the contrary contained <br />herein, this Franchise Agreement shall not become effective until and unless the <br />appropriate franchise ordinance or resolution is formally adopted by the Town Council of <br />INDIAN RIVER SHORES approving this Franchise Agreement and granting to COUNTY <br />the Franchise contemplated herein. <br />Section 3. Franchise Grant. INDIAN RIVER SHORES hereby grants to COUNTY, with <br />all rights and privileges attendant thereto, a non-exclusive Franchise to construct, <br />maintain, and operate reclaimed water utility systems within the John's Island community <br />and customers not served by the City of Vero Beach ("Service Area"). Such reclaimed <br />water utility systems shall consist of all reclaimed water facilities (including, pipes, fixtures, <br />mains, valves, meters, tanks, lift stations, etc., and telephone and electric lines for water, <br />wastewater, and reclaimed water utility system use) for the purpose of supplying <br />reclaimed water utility service to the Service Area and the inhabitants thereof. <br />Section 4. Franchise Term and Renewal. The term of this Franchise Agreement and <br />the Franchise granted hereunder shall be for a period of Twenty-five (25) years <br />commencing on the Effective Date. This Franchise Agreement shall automatically renew <br />for an additional 25 years unless either party provides notice to the other party of its intent <br />to terminate this Franchise Agreement at least 4 years prior to the expiration of this <br />Franchise Agreement. <br />Section 5. Utility Rates and Fees. Except as set forth in the Agreement, the rates for <br />reclaimed water utility services established and charged by COUNTY for customers within <br />the Service Area shall be no greater than the rates for such utility services as published <br />by the COUNTY for the various rate classifications served. Likewise, any and all other <br />fees and charges established and imposed by COUNTY shall correspond to such fees <br />and charges assessed by COUNTY and shall be no greater that those imposed by <br />COUNTY in each rate classification. The foregoing rates, fees, and charges shall be <br />adopted and applied to each customer's utility billing commencing with the customer's <br />first utility bill that is produced subsequent to Thirty (30) days from the Effective Date. <br />The rates, fees, and other charges assessed shall be adjusted by COUNTY at the same <br />time as any other adjustment made by COUNTY of its corresponding charges and fees. <br />COUNTY shall provide the Town Manager of INDIAN RIVER SHORES for review and <br />comment any proposed rate or fee adjustments no less than Thirty (30) days before the <br />adjustment is scheduled to go before the COUNTY Board of County Commissioners City <br />for consideration. Notwithstanding any of the foregoing language to the contrary, all rates, <br />fees and regulations established by COUNTY shall be otherwise reasonable, and the <br />rates and fees charged by COUNTY shall at all times be subject to such regulation as <br />may be provided by state law. Further, the parties recognize that the right to establish <br />and regulate reclaimed water rates, impact fees, service policies or other rules or <br />regulations, and the construction, operation or maintenance of the reclaimed water utility <br />system shall be vested solely in COUNTY, except as such may be otherwise subject to <br />the applicable laws of the Federal Government and the State of Florida or the provisions <br />of this Franchise Agreement. <br />Page 2 of 7 <br />