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800K IjG PAGE("35i, On December 30, 1997, the City of Fellsmere addressed a letter to the Department of Utility Services initiating discussions regarding limited County provided utility services to the City of Fellsmere and on March 13, 1998, the County responded regarding the willingness to serve the City of Fellsmere under limited, constrained conditions. (Please see the attached correspondence) Due to a lack of available funding, the City retained Jordan and Associates, Inc., of Orange Park, Florida to apply for CDBG Economic Development Grant. On April 30, 1998, the County attended a City sponsored kick-off session to assess the likelihood of a successful application. On May 29, 1998, the Florida State Clearinghouse received and distributed the State of Florida Small Cities CDBG Economic Development Grant Application, submitted by Jordan and Associates, Inc., on behalf of the City of Fellsmere. On June 16, 1998, the County responded with a letter of support to the Treasure Coast Regional Planning Council regarding the project. (Please see attached correspondence) On July 7, 1998 the County received correspondence notifying the City of the rejection of the application by the Department of Community Affairs due to 16 insufficiency items, one of which was the lack of an interlocal agreement between Indian River County and the City of Fellsmere for the transmission, treatment and disposal of wastewater. Since receipt of the attached application rejection notice, the City has worked diligently to rectify all insufficiency items and wishes to reapply at the earliest possible date, necessitating the execution of the interlocal agreement. County staff has circulated several drafts of the attached agreement for departmental comment and has incorporated all comments as received. ANALYSIS The attached interlocal agreement requires no funding by the County. In 1992, the Board of County Commissioners adopted a bulk sewer charge intending to serve non -retail situations where the County may provide bulk sewer service to other agencies. Among other provisions, the interlocal agreement provides for: • Sewer service area which matches the City of Fellsmere municipal limits, as shown in the attached Exhibit I. • Ownership and Operation defining individual responsibilities of the entities. • Metering and Associated Capacity and Commodity Charges; the Agreement provides for recovery of cost as per Chapter 201 of the Indian River County Code and specifically requires that all ER reserves be paid in advance of connection to the County system. • Maintenance of the System; the Agreement provides for prescribed maintenance of the City system. • Facility expansion; the City acknowledges that future system expansion may trigger Master Plan improvements which may or may not be funded. • Termination of Service; should obligations of the Agreement not be fulfilled. The staff of the Department of Utility Services recommends that the Board of County Commissioners execute the attached interlocal agreement between the City of Fellsmere and Indian River County and authorize the Chairman to execute same. August 25, 1998