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2018-275
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Last modified
7/26/2023 12:13:00 PM
Creation date
12/7/2018 2:30:46 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/04/2018
Control Number
2018-275
Agenda Item Number
12.G.2.
Entity Name
City of Fellsmere
Subject
Water Wastewater and Reclaimed Water Franchise Agreement
Area
Fellsmere
Alternate Name
Franchise Agreement
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Section 11. Consideration. In consideration of the Franchise and the other rights and <br />privileges granted herein to COUNTY, COUNTY shall provide, at its own expense, <br />maintenance, repairs, and replacements of the water, wastewater and reclaimed water <br />utility facilities used by COUNTY in its performance of this Franchise Agreement. <br />Section 12. Service Standards. COUNTY shall construct, maintain, and operate all <br />water, wastewater and reclaimed water facilities and systems in accordance with the <br />applicable regulations of the Federal Government and the State of Florida, as well as <br />meet all level -of -service standards pursuant to applicable comprehensive plans. <br />Section 13. Manner of Service. In performance of this Franchise Agreement <br />COUNTY shall: <br />(a) Provide water, wastewater and reclaimed water utility services to <br />customers in the Service Area. <br />(b) Operate, regularly maintain, and promptly repair when necessary the <br />water, wastewater and reclaimed water utility facilities and systems in order to continue <br />adequate service to the Service Area. <br />(c) Deal with customers in the Service Area in a manner no less favorable <br />than COUNTY's dealings with its customers served. <br />Section 14. Capital Improvement Plan. COUNTY shall annually provide the draft of <br />its detailed Five (5) year capital improvement plan, specific to water, wastewater and <br />reclaimed water utility systems within the Service Area, to the FELLSMERE City <br />Manager and City Planner for review and comment. Such comments shall be provided <br />to COUNTY within Thirty (30) daysfor consideration in its completion of the capital <br />improvement plan, which plan shall thereafter be provided to FELLSMERE City <br />Manager. <br />Section 15. Location of Facilities. All water, wastewater and reclaimed water utility <br />system facilities: shall be so located and so constructed as to interfere as little as <br />practicable with traffic over the streets, alleys, bridges, and public places, and with <br />reasonable egress from and ingress to abutting property. The location or relocation of <br />all such facilities shall be made under the supervision and with the approval of such <br />representatives as the governing body of FELLSMERE may designate for the purpose, <br />but not so as unreasonably to interfere with the proper construction, maintenance, <br />repair, or operation of the water, wastewater and reclaimed water utility systems by <br />COUNTY. When any portion of a street is excavated by COUNTY in the location or <br />relocation of any utility facilities, the portion of the street so excavated shall, within a <br />reasonable time and as early as practicable after such excavation, be replaced by <br />COUNTY at its expense, and in as good condition as it was at the time of such <br />excavation. Provided, however, that nothing herein contained shall be construed to <br />make FELLSMERE liable to COUNTY for any cost or expense in connection with the <br />construction, reconstruction, repair or relocation of the utility facilities in streets, <br />Page 4 of 7 <br />
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