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1988-035
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1988-035
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Last modified
9/6/2022 10:49:28 AM
Creation date
9/2/2022 10:33:40 AM
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Resolutions
Resolution Number
1988-035
Approved Date
05/17/1988
Subject
Franchise Agreement with ELL-CAP 32 - VERO BEACH (know as ELL-CAP 32-VERO BEACH SYSTEM FRANCHISE)
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I <br />SECTION XX <br />COUNTY PURCHASE OPTION <br />The County shall have the right to purchase the Utility's plant <br />at Utility's original construction cost, original land cost, plus <br />costs associated with capital additions and expansions to the plant, <br />less 3-1/2% depreciation per year, and less any contributions in aid <br />of construction. Depreciation' on the system shall be calculated to <br />start at the time the County issues an operating permit as provided in <br />Section VI. Upon acquisition of the system and appurtenant real <br />estate, the County would then own the entire system and would <br />terminate this franchise and provide service to the franchise <br />territory. All accumulated escrow fees would vest in the County. <br />In the event of an acquisition by the County, or the use of the <br />County's own plants, the County shall receive the system free of cost <br />and in good repair, ordinary wear and tear expected. The Utility <br />shall pay to the County all escrowed impact fees upon acquisition or <br />upon connection to County's own plants. <br />SECTION XXI <br />RENEWAL & REPLACEMENT ACCOUNT <br />Two and one-half percent (2-1/20) of the annual operating cost of <br />the Utility shall be' delivered to the County to be placed in an <br />interest bearing renewal and replacement account for purposes of <br />renewal or replacement of the capital assets of the system. The <br />Utility shall fund said account initially with $5,000.00. Interest <br />shall accumulate in the account until the account reaches 250 of the <br />estimated value of the system's original cost; thereafter interest <br />shall be paid to the Utility annually by the County. The funds held <br />by the County shall be used only for renewal or replacement of the <br />system by the Utility as the need arises and approved by the County. <br />The percentage required to be placed in the renewal and replacement <br />account may be amended after review by the County as necessary to <br />maintain a sufficient account balance taking into account the general <br />condition of the system. Upon the County taking over the system all <br />accumulated Renewal and Replacement escrow funds shall vest in the <br />County. The County is granted the right to make necessary repairs <br />using these funds in the event of default on the part of the Utility <br />in maintaining the quality standards established in this franchise. <br />If the County purchases the corporation's utility system then any <br />funds.: in the renewal and replacement account shall vest in the County. <br />
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