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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
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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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Section 8. Consideration. In consideration of the Franchise Agreement and the <br />other rights and privileges granted herein to CITY: <br />(a) CITY shall provide, at its own expense, maintenance, repairs, and <br />replacements of the City's water, wastewater, and reclaimed water utility systems and <br />facilities necessary for the CITY providing water, wastewater, and reclaimed water utility <br />services in the Service Area. <br />(b) CITY waives, and shall not add to the rates, fees, utility taxes, and charges <br />for water or wastewater utility service within the Service Area, any surcharges or taxes <br />authorized pursuant to Chapters 163 and 180, Florida Statutes. <br />(c) Pursuant to section 201.08.1, entitled "Fee -in -lieu -of -franchise fee," of the <br />Indian River County Code of Ordinances, the CITY shall charge customers within the <br />Service Area a County fee -in -lieu -of -franchise fee of six percent (6.0%) on the gross <br />revenues received by the CITY from the sale of water and wastewater utility services to <br />such customers. (But specifically excluding sale of reclaimed water service). Such fee <br />shall be shown on customer bills as a separate line item entitled "County Franchise Fee." <br />Such fee is an acceptable, bargained -for fee, which is reasonably related to the value of <br />the benefits given by the COUNTY, as a result of this Franchise Agreement. The CITY <br />shall remit the fees collected to the COUNTY on a monthly basis. <br />(d) There is no other CITY obligation or consideration for those rights granted <br />under this Franchise Agreement to the COUNTY other than those specified hereinabove. <br />Section 9. Service Standards. CITY shall construct, maintain, and operate all <br />water, wastewater, and reclaimed water facilities and systems in accordance with the <br />applicable rules, regulations and standards now or hereafter adopted by the Federal <br />Government and the State of Florida and at a level equal to the level provided for <br />customers in the incorporated areas of the CITY. The quantity and quality of water <br />delivered shall at all times be and remain not inferior to the applicable standards for public <br />water supply and other applicable rules, regulations and standards now or hereafter <br />adopted by the Federal Government and the State of Florida and at the level provided for <br />the customers in the unincorporated areas of the CITY. The quantity and quality of <br />wastewater service provided and sold shall at all times be and remain not inferior to the <br />applicable standards for public wastewater service and other applicable rules, regulations <br />and standards now or hereafter adopted by the Federal Government and the State of <br />Florida and at the level provided for customers in the unincorporated areas of the CITY. <br />Excluding fire line service, the CITY shall supply all water to customers through meters <br />which shall accurately measure the amount of water supplied in accordance with normally <br />accepted utility standards. <br />Section 10. Manner of Service. In providing service to customers within the <br />Service Area, CITY shall: <br />Page 4 of 9 <br />
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