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<br />.;. .01/0-2/ 2.0.03 ._)_~.: ~.~ <br />---.-- <br /> <br />97.05772348 <br /> <br />TOWN OF DOVE CREEK <br /> <br />PAGE 04 <br /> <br />,:( <br /> <br />"P'F_J:~'. <br /> <br />Section 1 - ~nt of F~hl8.e <br /> <br />Th. Town hereby granw to the District, for the term speclf1ed In Section 2, $Ubl~C.ll <br />to the conditions and terms cont~jneQ herein, a f\tJfI-~xr;luslve right to a) sell and dlBtnbute <br />Secondary Water to the Town and ~Il p~rsons therein and t~ territory adja::ent to the <br />Town through an underground Distribution System; b) acquire, construct, Install, locat~, <br />maintain, operate and extend into, within and through the Town a DI~trlbutlon System, <br />and c} make reasonable use of all Alley, Easements and Other Publlo Places, Including <br />but not limited to the Line and the Re~ervolr Land nAC&ssary l? p;ovlde adequate <br />Secondary Water during peak times, In the discretion of the DlStnet, to carry out the terms <br />of this FranchIse Ordinance. <br /> <br />Should the District be rtJqulred to condemn private land for th~ D~trlb~tlon System <br />and necessary easements, such actions shaD be performed by the Dlstnct, with the costs <br />of aueh actions to be borne by System customers <br /> <br />Section 2 - I!mn <br /> <br />T-fte term of thIs Franchise OrdinanCe shall be 25 years. The term shall commence <br />upon the Oistrict'. 'Mitten notioe to tho Town of C>ilStribution Syatem conetruction <br />commencement,. provided at least 15 days prior to the District's start of construction en <br />the Olstrlbution Sy$tem, The Franchise Ordinance shall terminate If the Olatrict has not <br />begun Distribution System eonstruction within two (2) years after the citizens of the Town <br />raIse Plant Investment Fees equal to sixty percent (60%) of the cost of the Distribution <br />System, including the construction Of a reservoir on the Reservoir Land. <br /> <br />Section 3 - Franchise Fee Sehedyle <br /> <br />The District shall pay to the Town Clerk, annually on or before ~cember 1 of each <br />year, a Franchise Fee based on the Revenue received by the Oistrict from the delivery of <br />Secondary Water, after completion or Mnstruction of each phase of the Distribution <br />System. The District shall notify the Town In writing when a phue of the Oittribution <br />System Is ready to deliver Secondary Water. The Town Clerk, or a committee appointed <br />by the Boerd of Trustees, at the cost of the Town, shall have aceal8 to the books of the <br />District. or tts successors and A$slgns. dUring the District's business hours, for the sole <br />pUrp08e of audltfng or checklng to ensure that the Frlnchlse Fee has been correetly <br />computed and paid by the District. The District agrees to cooperate with the TOWn in <br />c~nducting the. Inspection and to ~rreot any discrepanCies affeet:lng the Town's receipt of <br />correct Franchise Fee paymente In a prompt and efficient manner. <br /> <br />Section 4- - franchise Fee: PaYment in Lieu of Other F~~ <br /> <br />As the Franchise Fee under thIs Franchise OrdInance. the District shell pay the <br />Tow~ five percent (5%) of the Revenue annually. Payment of the Franchise Fee by the <br />District and Its successors and assigns, Is accepted by the Town in lieu of any ~er fee, <br /> <br />3 <br /> <br />OSI-! OIO/iOO', S,;-l <br /> <br />HU-J~HH+ <br /> <br />1'1I'IH .ddHI$ pJOj~'Jt "UJ:'K-ICJ~ alU :~I zt-u.ullr <br /> <br />-~"._.""""'''''N''''''''''' .............. .........';'1......__ _ <br />