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2023-012
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2023-012
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Last modified
2/3/2023 12:21:41 PM
Creation date
2/3/2023 12:21:11 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/17/2023
Control Number
2023-012
Agenda Item Number
13.B.
Entity Name
City of Vero Beach, Florida
Subject
Water, Wastewater, and Reclaimed Water Franchise Agreement
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WATER, WASTEWATER, AND RECLAIMED WATER FRANCHISE AGREEMENT <br />BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH <br />This Water, Wastewater, and Reclaimed Water Franchise Agreement (hereafter <br />"Franchise Agreement") is made and entered into this day of `nn'1L1nn,, 20 , <br />(hereafter "Effective Date") by and between INDIAN RIVER COUNTY, FLORIDA, a <br />political subdivision of the State of Florida (hereafter "COUNTY"), and the CITY OF VERO <br />BEACH, FLORIDA, a municipal corporation created under the laws of the State of Florida <br />(hereafter "CITY"). <br />RECITALS <br />1. The COUNTY is a political subdivision of the State of Florida, with all powers <br />necessary to carry on county government, as set forth generally in Article VIII, Section 1 <br />of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in Chapter <br />59-1380, Laws of Florida, and, consistent therewith, has the power and authority to <br />execute and deliver this Franchise Agreement and to carry out its respective obligations <br />hereunder. <br />2. The CITY is a municipal corporation duly incorporated, validly existing, and in <br />good standing under the laws of the State of Florida, with all governmental, corporate, <br />and proprietary powers to enable it to conduct municipal government, perform municipal <br />functions, and render municipal services and, consistent therewith, has the power and <br />authority to execute and deliver this Franchise Agreement and to carry out its respective <br />obligations hereunder. <br />3. The CITY provided water and wastewater utility services to portions of the <br />unincorporated areas of COUNTY, pursuant to franchises granted by COUNTY in <br />Resolutions 87-13 (water) and 87-14 (wastewater) (collectively, the "Franchise <br />Resolutions"), which both expired on March 4, 2017. <br />4. The COUNTY and the CITY entered into that "Agreement between Indian <br />River County and the City of Vero Beach Setting Water Service Areas for Water and <br />Sewer Service; Memorializing Certain Water and Sewer Allocations; and Repealing Prior <br />Agreements," dated August 18, 1989 (the "Service Area Agreement"). <br />5. The unincorporated COUNTY areas designated to be served by CITY <br />(hereinafter referred to as "Service Area") are set forth in Exhibit "A" of the Service Area <br />Agreement, dated August 18, 1989, shall remain unaffected by this Franchise Agreement, <br />and shall remain the boundary limit of this Franchise Agreement. <br />6. The Parties have negotiated in good faith together and have determined it to <br />be appropriate and in the interest of the COUNTY and the CITY to enter into this <br />Franchise Agreement. <br />Page 1 of 9 <br />
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