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County Attorney's Matters - B.C.C. 02.11.2014 <br />Oce of <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />ra <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: February 5, 2014 <br />SUBJECT: City of Vero Beach ("City") Water, Wastewater and Reclaimed Water Agreement <br />BACKGROUND.• <br />On March 5, 1987, the Indian River County Board of County Commissioners (the "Board") adopted, and <br />the City of Vero Beach (the "City") agreed to, Resolutions 87-13 and 87-14, in which the County granted <br />franchises to the City to provide water and wastewater service to certain unincorporated areas of the County <br />— namely, the south barrier island and areas on the mainland adjacent to the City ("Unincorporated Areas"). <br />These franchises are set to expire in 2017. <br />• <br />Since mid -2012, former County Attorney Alan Polackwich and County administrative staff had on -again <br />off -again discussions with the City Manager concerning service to the Unincorporated Areas after 2017 <br />Those discussions stalled. After a presentation by former County Attorney Alan Polackwich, the Board <br />voted to present a water, wastewater and reclaimed water franchise agreement directly to the City Council. <br />The Board voted to propose that the City continue to serve the Unincorporated Areas, charging County <br />rates. The Board also proposed that the City eliminate the 10% surcharge. The Board also voted to evenly <br />split the City equalization charge and the County franchise fee with each party receiving 3%, so that rates <br />would be consistent for all areas where County rates apply. Finally, the Board proposed that if during the <br />life of the agreement the City was unwilling or unable to charge the County rates, the City could terminate <br />the franchise agreement with termination resulting in the transfer of the water, wastewater and reclaimed <br />water system in the Unincorporated Areas to the County. <br />Approved for February 11, 2014 B.C.C. Meeting <br />County Attorney's Agenda <br />County Attorney <br />F:UeromrylLrdatGENEIALIB C CWgeada MemosiUiilirles ()Paler & Sewer Issues) 1-29-14.doc <br />90 <br />APPROVED <br />DATE <br />INDIAN RIVER CO. <br />Administration <br />SS <br />„Z <br />b /9 <br />County Attorney <br />Budget <br />�� <br />/1/2lit <br />Utilities Dept. <br />Risk Management <br />--- <br />90 <br />