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BOOK <br />ON MOTION by Commissioner Scurlock, SECONDED by <br />Commissioner Bowman, Commissioner Wodtke being <br />temporarily absent from the Chambers, the Board <br />unanimously (4-0) approved Resolution 85-37, pro- <br />viding for certain modification to the Evelyn F. <br />Neville, Inc., Sewer Franchise Agreement. <br />RESOLUTION N0.8 S - 3 7 <br />6,0 F',fl] E 246 <br />A RESOLUTION OF THE BOARD OF COUNTY COrM ISSIONERS OF <br />INDIAN RIVER COUNTY AUTHORIZING AN INCREASE IN RATES <br />GRANTED IN RESOLUTION NO. 73-83 AND PROVIDING FOR <br />CERTAIN MODIFICATION TO T11E FRA=SE AGREEMENT IMM <br />AS THE "EVELYN F. NEVIL E, INC., SEWER FRANCHISE". <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF (RUNTY coviSSIOEIQRS <br />OF INDIAN RIVER COUNTY that Resolution No. 73-83 be amended to reflect <br />the following revisions. <br />Section I. Section 3 of Resolution No. 73-83 is hereby amended to <br />read as follows: <br />SECTION 3 <br />There is hereby granted by the County to the Conpany the <br />non-exclusive franchise, right and privilege to erect, construct, <br />operate and maintain a sewer system within the prescribed territory as <br />herein provided and for these purposes to sell and distribute sewer <br />services within the territory and for these purposes to establish the <br />necessary facilities and equipment and to lay and maintain the necessary <br />lines, pipes, mains and other appurtenances necessary therefore in; <br />along, under and across the public alleys, streets, roads, highways and <br />other public places of the County; provided, however, that the County <br />reserves the right to permit the use of usch public places for any and <br />all other lawful purposes and subject always to the paramount right of <br />the public in and to such public places. The franchise hereby granted <br />shall not be interpreted so as to require any individual property owner <br />within the franchise area to connect to the sewer facilities of the <br />any. <br />Section II. Section 4 of Resolution No. 73-83 is hereby amended <br />to by adding the following paragraph: <br />SECTION 4 <br />SERVICE REWIPMMM <br />The Utility shall provide service within the franchise territory on <br />a non-discriminatory basis as if it were regulated under Florida Statute <br />Chapter 367 (1980), except to the extent that said provisions are in <br />conflict with the provisions of the franchise. <br />Resolution 85-37 in its entirety is on file in the Office <br />of the Clerk. <br />70 <br />