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1986-032
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1986-032
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5/10/2023 12:35:44 PM
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5/10/2023 12:35:10 PM
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Resolutions
Resolution Number
1986-032
Approved Date
05/21/1986
Subject
Humana, Inc. dba Humana Hospital, Sebastian Water System Franchise
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2. The County will deposit all escrow charges paid for any ,and <br />40 all connections in this franchise into an interest bearing account, <br />Maximum interest paid shall be equal to passbook rates. The fees <br />referenced in this section are subject to the escalation provisions of <br />40 Section XIII/ contained herein, using the County factor established in <br />Ordinance 84-18 or the Ordinances in effect at the time of the issuance <br />of a issuance of a certificate of occupancy. The fees referenced in <br />® this Section shall always be reasonable. <br />3. Throughout the term of this franchise, the Utility shall be <br />entitled to any and all interest which shall be paid annually on or <br />before September 30th of each year to the Utility. The Utility shall be <br />entitled to an accounting of said interest bearing account annually upon <br />request made by it to the County. <br />4. Should the County at any time provide a water distribution <br />system and/or wastewater collection system and furnish water and/or <br />wastewater services to individual customers within the franchise <br />territory, the sums of money remaining in said account consisting of <br />plant capacity charges and contributions in aid of construction charges <br />shall become the absolute pruperty of the County and the Utility shall <br />have no rights thereto. In such event, the Utility shall be absolved <br />frau the obligation of payment of further connection chargesto the <br />County and this franchise shall terminate. <br />a) The County shall have the right to purchase the <br />Utility's water and/or wastewater plant at Utility's original <br />construction cost, land cost, plus costs associated with capital <br />additions and expansions to the system less three and one-half percent <br />(318) depreciation per year. Depreciation on the system shall be <br />calculated to start at the time the County issues a letter acknowledging <br />the construction of the water and/or wastewater system as provided in <br />Section VI. Upon acquisition of the water and/or wastewater plant and <br />appurtenant real estate, the County would then own the entire water <br />and/or wastewater system and would terminate this franchise and provide <br />water and/or wastewater utility service to the franchise territory. All <br />accumulated escrow fees would vest in the County. <br />b) In the event of an acquisition by the County, or the <br />utilization of the County's own plants, the County shall receive the <br />water distribution and/or wastewater collection system free of cost and <br />in good repair, wear and tear excepted. The Utility agrees to grant to <br />the County any easements necessary to connect the water and/or <br />wastewater system to the County's water/wastewater systems without <br />charge. The Utility shall pay all escrowed impact fees upon acquisition <br />or upon connection to County's own plants. <br />c) If in the event the County determines that it will <br />not exercise its option under item #4(a) within seven (7) years, <br />escrowed contributions in aid of construction or impact fees shall <br />became part of the renewal and replacement fined and may be used as <br />11 <br />
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