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2/6/1985
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2/6/1985
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
02/06/1985
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985 <br />3. The Utility shall supply the County with copies of its <br />Department of Environmental Regulation monthly operating reports and <br />trouble reports, if any. <br />4. The right is hereby reserved to the County to adopt, in <br />addition to the provisions herein contained and existing applicable <br />resolutions or laws, such additional regulations and increase fees and <br />_ charges as it shall find -.necessary in the exercise of the police power <br />and lawful authority vested in said County, provided that such <br />regulations shall be reasonable and not conflict with the rights herein <br />granted and not in conflict with the laws of the State of Florida. The <br />County shall have the right, but not the duty, to inspect all <br />construction or installation work performed. <br />5. Franchisee understands that the County is now.considering the <br />extension of the.County -water and/or�wastewater_system to this franchise <br />area. Should the County extend the county system, this shall be <br />considered a temporary water and/or wastewater franchise and upon the <br />demand of the County, franchisee shall discontinue its water and/or <br />wastewater operation and immediately connect to the County system and <br />shall pay to the County all the sums due under the County's standard <br />schedule of rates -and fees. - = <br />SECTION IV <br />TERRITORY/FRANCHISE AREA <br />The territory in which this franchise shall be applicable is all <br />that part_of Indian -River County, Florida, located within the following <br />described boundary lines, to wit:_ --- <br />See Exhibit "A" attached hereto and incorporated herein. <br />-- -- - =._ SECTION V <br />HOLD HARMLESS CLAUSE - <br />It is expressly understood and agreed by and between the Utility <br />and the. County that the Utility shall save the County and members of the <br />Board harmless from any loss sustained by the County on account of any <br />suit, -judgment, -execution, claim or demand whatsoever resulting from <br />negligence, or intentional wanton, willful and reckless acts on the part <br />of the Utility in the construction, operation or maintenance of the <br />water and/or wastewater system under the terms of this franchise. The <br />parties agree that in the construction of this section, the claim of any <br />Person resulting frau negligence on the part of the Utility may be <br />prosecuted directly by such person against the Utility. The County <br />shall notify the Utility promptly after presentation of any claim or <br />demand. <br />ODIL4 • • •k' I' M <br />L114�1ufoUNWAA <br />3 <br />
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