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1983-108
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1983-108
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Last modified
3/30/2023 12:00:06 PM
Creation date
3/30/2023 11:59:38 AM
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Resolutions
Resolution Number
1983-108
Approved Date
11/02/1983
Subject
Bayside Utilities Wastewater System Franchise
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charges and contributions in aid of construction charges shall becorre <br />the absolute property of the County and the Utility shall have no rights <br />thereto. In s uch event, the Utility shall be absolved fran the <br />obligation of payirent of further connection c harges t o the County. I n <br />the event the above condition is not rret by the County within seven (7 ) <br />years fran the date of this franchise agreerrent, the County shall have <br />the following options: <br />(1) Extend the franchise with all escrCM:!<i nonies paid to the <br />Utility and further escrows discontinued. <br />(2) The County shall have the right to purchase the Utility's <br />wastewater plant at Utility's original construction costs plus costs <br />associated with capital additions and expansions to the system less <br />three and one-half percent (3½%) depreciation per year. Depreciation on <br />the system shall be calculated to start at the tirre the County issues a <br />letter acknowledging the construction of the wastewater !:'Jstem as <br />provided in Section VI. Upon acquis ition of the wastewater plant and <br />assignrrent of the license agreerrent, the County \<K>Uld then own the <br />entire wastewater system and =uld terminate this franchise and provide <br />wastewater utility service to the franchise territory. All accumulated <br />escrow fees would vest in the County. <br />Utility warrants that it has a possessory interest in the real <br />property on which the plant is located evidenced by that certain license <br />agreerrent dated April 19, 1983, attached hereto as Exhibit "A". <br />Provisions of this franchise to the contrary notwithstanding, should the <br />County elect to acquire the system, said lice nse agreerrent shall be <br />assigned to Indian River County (or a taxing unit thereof) without <br />consideration being given the refore and the County (o r its taxing unit) <br />shall assurre the obligations under said license agreerrent. <br />(3) In the event that the above condition (2 ) is not exercised by <br />the County within seven (7) years fran the date o f this franchise <br />agreerrent, any sums of ITOney r=ining in the escrow account shall <br />becorre the absolute property of the Utility and the County shall allow <br />the Utility to continue operations in accordance with this franchise <br />agreerrent. <br />(4) The County s hall have the following option to purchase the <br />utility system after the end of the said seven (7) year period , the <br />County shall purchase according to the sarre formula in this <br />sub-paragraph (2) above except that the County shall be entitled to a <br />credit against the ne t purchase price payable by the County to the <br />Utility for the Utility in the aITOunt of the total escrow charges that <br />=uld have been available to the County , pursuant to the provisions of <br />sub-paragraph (2) stated directly above, together with a credit for any <br />fees which would have accrued pursuant to said section after the seventh <br />year, s hould the seven (7 ) year period referenced therein not have <br />lapsed . <br />11
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