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r <br />MAY 16 1994 BOOK 57 PAGE <br />conditions of this paragraph shall be considered by the Board to be a <br />default by the Utility under this franchise agreement and subject this <br />franchise to termination. <br />SECTION XIII <br />ADEQUATE CAPACITY <br />Utility warrants adequate capacity to service existing or <br />anticipated customers and agrees not to provide water and/or wastewater <br />service unless adequate capacity is available at the time any new <br />connection is made. <br />CrmTnTl V 11 <br />NO'T'ICE OF ADJUSTMENT OF RATES <br />Upon the initial connection of any customer to the water/wastewater <br />system or upon the reconnection of any new customer to the <br />water/wastewater system, the Utility shall furnish, by mail, a notice <br />setting forth the rate schedule then in effect and further containing <br />the following statement: <br />"The water/wastewater rates set forth herein <br />have been authorized pursuant to Indian River County <br />Water/Wastewater Franchise Resolution No. 84-32 as <br />amended. Said water/wastewater rates are subject to <br />adjustment pursuant to said Resolution upon proper showing by <br />the Utility. Said rates are also subject to adjustment in <br />the event the water/wastewater franchise is terminated <br />and Indian River County commences to furnish <br />water/wastewater service to your property." <br />SECTION XV <br />RATE SCHEDUIE <br />1. The rates charged by the Utility for its service hereunder <br />shall at all times be compensatory and shall be fair and reasonable and <br />designed to meet all necessary costs of the service, including a fair <br />rate of return on the Utility's investment under efficient and <br />economical management. The Utility agrees that the County has the <br />authority to enter into this Franchise Agreement and the regulation of <br />said Utility. Utility agrees that it shall be subject to all authority <br />now or hereafter possessed by the County or any other regulatory body <br />having competent jurisdiction to fix just, reasonable and compensatory <br />rates. When this franchise takes effect, the Utility shall have <br />authority to charge and collect, but not to exceed, the schedule of <br />rates set at a public hearing for that purpose which shall remain <br />effective until changed or modified as herein provided. In setting said <br />rates, the County shall be guided by the standards set forth in Florida <br />Statute 367.081 relating to the establishment of rates and charges. In <br />any event, the Utility shall always be responsible for justifying its <br />1.9 <br />M <br />