HomeMy WebLinkAbout1995-092RESOLUTION NO. 95-92
'P A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING RESOLUTION 87-13; WHICH GRANTED TO
THE CITY OF VERO BEACH A WATER FRANCHISE IN
CERTAIN UNINCORPORATED AREAS OF INDIAN RIVER
COUNTY, FLORIDA; DELETING A PROVISION RELATING
TO NON -POTABLE WATER SYSTEMS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Indian River County adopted Resolution 87-13 granting
to the City of Vero Beach, its successors or assigns, the sole and
exclusive right, privilege or franchise to construct, maintain, and
operate a public water system in certain unincorporated areas of
Indian River County; and
WHEREAS, the City of Vero Beach has elected to enter into a
reclaimed water program as a method for the disposal of wastewater
effluent and as a benefit to the environment; and
WHEREAS, a reclaimed water system is an integral part of
wastewater disposal.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT RESOLUTION 87-
13 IS HEREBY AMENDED TO READ AS FOLLOWS:
Section 1 - Technical Changes.
The section(s) below are amended as follows ( all deletions are
depicted by striking over the language, and all additions are
depicted by underlining):
Section 2 - Amendment.
Section 8 of the aforementioned Resolution 87-13 is hereby
amended to read as follows:
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COUNTY A7TORNFYIS OFFICI
INDIAN 1Z 1'r cIt COUNTY
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Vero Boach, Florida 32960
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Section S. As further consideration of this
franchise, the Grantor agrees not to engage in or permit
any person other than the Grantee to engage in the
business of distributing and selling water during the
life of this franchise or any extension thereof in
competition with the Grantee, its successors and
assigns., with the 9911swkay emeeptlens+
(1) Any nen petable watev system(s) epeLcated by the
the GEanteNo
+2+ The Grantee shall have the authority to enter into
Developer Agreements with the developers of real
estate projects and other consumers within the
franchise territory, which agreements may include,
but not be limited to provisions relating to;
fa} ,u advance payment of contributions in aid
of construction to finance system
expansion and/or extension,
+b•} 2_ revenue guarantees or other such arrange-
ments as may make the expansion/extension
self supporting,
+e+ LM capacity reservation fees,
-(-d+ it prorata allocations of plant expansion/
main extension charges between two or
more developers.
Developer Agreements entered into by the
Grantee shall be fair, just and non-discriminatory.
Section 3 - Ratification.
Except as specifically amended in this Resolution all the
terms, conditions, and encumbrances contained in resolution 87-13
are hereby ratified and confirmed.
Section 4 - Effective Date.
This Resolution shall take effect upon adoption.
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ATTEST; BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
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Jeff K•Bartio lerk en Macht, C11hiridan
' Approved by Board 8-1-95
Approved, •a s i • to form an
legal sufficiency: inir 9 CS Approved O'te
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Charles-P. VitunaC cat.
County Attorney Fil , Mgr,