6/22/1999 - Laserfiche WebLink

Home Browse Search

to a lack of available funding the City retained a consultant to apply for a CDBG Economic Development grant. Among many items, the Department of Community Affairs asked that an interlocal agreement between Indian River County and the City of Fellsmere for the transmission and treatment of wastewater be executed. County staff then circulated several drafts of the interlocal agreement for Departmental comment, incorporating all comments as received and on August 25, 1998 the Board of County Commissioners approved the interlocal agreement with the City of Fellsmere for wastewater transmission and treatment services (see attached agenda and meeting minutes). Early this year the City of Fellsmere contacted the Department of Utility Services expressing concerns over certain provisions contained within the agreement, that may have been construed as limiting the City of Fellsmere's wastewater service area. Revised language was proposed by the City of Fellsmere and on March 3, 1999, the County responded (see attached correspondence). After circulating the changes through the Departments and incorporating relevant comment, two originals of the final version were transmitted to the City of Fellsmere. On June 3, 1999, during their regular council meeting, the City council authorized the mayor to execute the agreements for return to the County. ANALYSIS The attached interlocal agreements requires no funding by the County. Among other provisions, the interlocal agreement provides for: • Sewer service area which matched the City of Fellsmere's municipal limits, as shown in the attached Exhibit I. • The ability for the City of Fellsmere to expand it's service area. • 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 as amended, and specifically requires that all ERU 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 expansion may trigger master plan improvements that may or may not be funded. • Escape clause; should the County not be able to accommodate City expansion in a timely manner, the City may go it's separate way and provide it's own wastewater services but in no case is a refund of capacity charges due the City. • Termination of Service; should obligations of the agreement not be fulfilled. RECOMMENDATION The staff of the Indian River County Department of Utility Services recommends that the BCC approve the revised attached interlocal agreement between the City of Fellmsere and Indian River County and authorize the Chairman to execute same. JUNE 229 1999 77 t� tee, 900K FADE �1=