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9/10/1980
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9/10/1980
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7/23/2015 11:48:54 AM
Creation date
6/11/2015 12:21:00 PM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
09/10/1980
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FF'_ <br />-SEP 101980 BOOK` 44. PnE 459. <br />SECTION X <br />The Partnership shall not as to rates, charges, service <br />facilities, rules, regulations or in any other respect make or grant any <br />preference or advantage to any person nor subject any person to any <br />prejudice or disadvantage. <br />SECTION XI <br />(a) The Partnership shall furnish, supply, install, and make <br />available its public water system and its public sewerage system to any <br />and all persons within the territory making demand therefor, and shall <br />provide such demanding person with its services and facilities, provided, <br />however, that the Board may, upon application of the Partnership, extend <br />time for providing such service to such demanding person. In the event <br />the Partnership fails to provide its services and facilities either as a water <br />system or sewer system or both to any area within the territory within <br />time provided, then in such event the County may be resolution of the <br />Board, limit, restrict and confine the territory to that area then being <br />serviced by water and/or sewerage by the Partnership or such greater <br />area as the Board shall determine, and thereafter, the territory shall be <br />only the area set forth, defined, and provided by the Board, and the pro- <br />visions of this franchise shall not extend beyond the limits of the area so <br />restricted and defined. <br />(b) The Partnership shall not be required to furnish, supply, <br />install and make available its public water and/or sewerage systems to <br />any person within the territory as hereinbefore set forth, unless the same <br />may be done at such a cost to the Partnership as shall make the addition <br />proposed financially feasible. Financially feasible shall mean that a fair <br />and reasonable rate to be charged by the Partnership for all its services <br />under this franchise; that such rate of return on the net valuation of its <br />property devoted thereto under efficient and economical management. The <br />burden of showing that a prospective service to the area is not financially <br />feasible shall be the burden of the Partnership. <br />- M- <br />GORDON B. JOHNSTON, ATTORNEY AT LAV,', VERO BEACH, FLORIDA <br />
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