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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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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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policies, including mandatory connections, or other rules or regulations for the <br />construction, operation and maintenance of the water, wastewater and reclaimed water <br />systems is vested solely in Vero Beach, except as may be otherwise provided by <br />applicable laws of the State of Florida. <br />Section 6. Developer Agreements. CITY 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 CITY shall be fair, just, and non- <br />discriminatory, and shall have the same content as developer agreements for projects <br />within the corporate limits of CITY. Such agreements may include but are not limited to <br />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 extension <br />charges between two or more developers. <br />Nothing contained in this Section 6 is intended to limit or abrogate the CITY's home rule <br />authority to enter into contracts. <br />Section 7. Easements and Other Rights. CITY shall have all rights, authority, <br />privileges, easements, licenses, leaseholds, prescriptive rights, and rights to make all <br />necessary excavations in and use public roads, rights-of-way, highways, and streets, in <br />connection with the construction, reconstruction, installation, maintenance, and operation <br />of the water, wastewater, and reclaimed utility systems (collectively "Easements"). <br />COUNTY will assist CITY in obtaining any such Easements needed by CITY for <br />performance of this Franchise Agreement. Any expense incurred by COUNTY in <br />providing such assistance shall be reimbursed by CITY. At no cost to the CITY, the CITY <br />shall obtain a right-of-way permit through the COUNTY right-of-way permitting process in <br />accordance with Chapter 312 of the Indian River County Code of Ordinances. The <br />COUNTY will issue a general permit, as mutually agreed upon by both parties, for normal <br />maintenance activities associated with everyday operation of the water, wastewater and <br />reuse systems. Such activities include, but are not limited to exercising valves, meter <br />replacements and meter box replacements, sewer televising and cleaning, etc. The <br />conditions of the general permit, including notifications and required maintenance of traffic <br />plans for activities associated with the general permit will be negotiated by staff during <br />the general permit review process. The general permit shall be renewed by the CITY <br />every year. <br />Page 3 of 9 <br />
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