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2018-275
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Last modified
7/26/2023 12:13:00 PM
Creation date
12/7/2018 2:30:46 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/04/2018
Control Number
2018-275
Agenda Item Number
12.G.2.
Entity Name
City of Fellsmere
Subject
Water Wastewater and Reclaimed Water Franchise Agreement
Area
Fellsmere
Alternate Name
Franchise Agreement
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FELLSMERE also acknowledges and agrees that a fee of six percent (6%) shall initially <br />be charged by COUNTY on water, wastewater and reclaimed water services in the <br />Service Area, and shall remain in effect during the term of this Franchise Agreement, <br />unless revised by mutual consent of CITY and COUNTY. COUNTY acknowledges and <br />agrees to provide FELLSMERE one-half of the fee charged. COUNTY shall remit the <br />FELLSMERE portion of the franchise fee to FELLSMERE on a monthly basis for <br />revenue received in the prior month. <br />Section 7. FELLSMERE Utility Tax. COUNTY shall collect and remit the <br />FELLSMERE utility tax as set forth in Chapter 78 of the FELLSMERE Ordinance Code, <br />as amended from time to time. <br />Section 8. Developer Agreements. COUNTY shall have the authority to enter into <br />agreements with developers of real estate projects and other consumers within the <br />Service Area. Developer agreements entered into by COUNTY shall be fair, just, and <br />non-discriminatory, and generally have the same content as developer agreements for <br />projects within the unincorporated areas of the COUNTY. Such agreements may <br />include but are not limited to provisions relating to: , <br />(a) Advance payment of contributions in aid of construction to finance water, <br />wastewater, or reclaimed water utility system expansion and/or extension. <br />(b) Revenue guarantees or other such arrangements as may make the <br />expansion/extension self-supporting. <br />(c) Capacity reservation fees. <br />(d) Pro rata allocation of water and wastewater plant expansion/main <br />extension charges between two or more developers. <br />Section 9. Franchise Service Area Boundary Changes. The Service Area covered <br />by this Franchise Agreement may be expanded or contracted to include or exclude <br />lands by amendments between FELLSMERE and COUNTY approved by the <br />FELLSMERE CITY Council and the COUNTY Board of County Commissioners. <br />Section 10. Easements and Other Rights. COUNTY shall have all rights, privileges, <br />easements, licenses, leaseholds, prescriptive rights, and rights to use public and private <br />roads, rights-of-way, highways, streets, and other areas owned, held, and/or used in <br />connection with the construction, reconstruction, installation, maintenance, and <br />operation of the water, wastewater and reclaimed utility systems (collectively <br />"Easements"). FELLSMERE will assist COUNTY in obtaining any such Easements <br />needed by COUNTY for performance of this Franchise Agreement. Any expense <br />incurred by FELLSMERE in providing such assistance shall be reimbursed by <br />COUNTY. <br />Page 3 of 7 <br />
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