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1995-091
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1995-091
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10/17/2018 11:10:10 AM
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10/17/2018 11:01:09 AM
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Resolutions
Resolution Number
95-091
Approved Date
08/01/1995
Resolution Type
City of Vero Beach Wastewater franchise
Amending Reso 87-14
Entity Name
City of Vero Beach
Subject
Wastewater; reclaimed water
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alternative right or rights which the Grantor may have with <br />< respect to the 'forfeiture of franchises under the Constitution or <br />the general laws of Florida. <br />Section IO. That if any Section, paragraph, <br />b�tence, clause, term, word or other portion of this Resolution <br />shall be field to be invalid, the remainder of this Resolution <br />shall not be affected. <br />Section 11. As a condition precedent to the taking <br />effect of this grant, Grantee shall have filed its acceptance <br />hereof with the Grantor's Clerk within sixty (60) days after <br />adoption. This Resolution shall take effect on the date upon <br />which Grantee files its acceptance. <br />Section 12. The Franchise Territory may be expanded <br />or contracted to include or exclude lands by mutual agreement <br />between the Grantee and Grantor. Any Franchise Territory that is <br />subsequently annexed by the Grantee shall be removed automatically <br />from the Franchise Territory. <br />I <br />Section 13. This franchise is subject to renewal <br />_upon the agreement of both parties. In the 'event the Grantee <br />desires to renew this franchise, then a five year notice of that <br />intention to the Grantor shall be required. Should the Grantor <br />wish to renew this franchise, the same five year notice to the <br />Grantee from the Grantor shall be required and in no event will <br />the franchise be terminated prior to the. initial thirty (30) year <br />period, except as provided for in Section 9 hereof. <br />Section 14. Provisions herein to the contrary <br />notwithstanding, the Grantee shall not be liable for the <br />non-performance or delay in performance of any of its obligations <br />undertaken pursuant to the terms of this franchise, where said <br />failure or delay is due to causes beyond the Grantee's control <br />including, without limitation, "Acts of God", unavoidable <br />casualties, and labor disputes. <br />o <br />Section 15. This Franchise supersedes, with respect <br />to wastewater only, any previous agreements between the Grantee <br />CD <br />and Grantor regarding such service. <br />; ; <br />.7 <br />Gl <br />-5- <br />
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