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M RESOLUTION 95-91 other public places throughout certain unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), as such unincorporated areas are defined in Exhibit A, and its successors, in accordance with established practices with respect to wastewater system construction and maintenance, for a period of thirty ( 30 ) years from the date of acceptance hereof. Such wastewater system shall consist of wastewater facilities (including pipes, fixtures, mains, valves, lift stations, etc., and, for wastewater system use, telephone and electric lines) for the purpose of supplying wastewater service to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits Section 3 --Amendment. Section 6 of the aforementioned agreement is hereby amended to read as_. follows: Prior to the imposition of any franchise fee by the Grantor, the Grantor shall give a minimum of sixty (60) days notice to the Grantee of the imposition of such fee. Such fee shall be initiated only upon passage, by the Grantor and acceptance by the Grantee, of an appropriate ordinance in accordance with Florida Statutes. Such fee shall be a percentage of gross revenues from the sale of wastewater service to customers within the Franchise area. Said fee, at the option of the Grantee, may be shown as an additional charge on affected utility bills. The franchise fee, if imposed, shall not exceed six (6%) per cent of applicable gross revenues. Should the Grantee refuse to accept an ordinance of the Grantor imposing such a fee, this franchise shall become null and void. Section -4 - Amendment. Section 8 of the aforementioned agreement is hereby amended to read as follows: As further consideration of this franchise, the Grantor agrees not to engage in or permit any person other than the Grantee to engage in the business of providing wastewater service during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns_-�- with the -e*eept-leaee� _a�}y�.n eEs eek -sewed a t GEaatee ^^ a effeetive- date -e the-€ L' Such customers may be served by the Grantee, upon request by them, and after appropriate approvals by the Grantor and any other affected parties. In the event Grantee is unahl a nr ttnwi V1 ; rnrr +-, may service such customers at Grantor's option. 600K AUGUST 1, 1995 39 96' 4C $44'