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RESOL,U TION NO. 73-114 WHEREAS, this Board did previously issue a water and ®� sewer franchise in part of Indian River County, Florida, to South- ern Gulf Utilities, which franchise because of a corporate name change was changed to Ecological Utilities, Inc. , and WHEREAS, Section XII of said franchise provides that the franchise holder shall make available its water and sewer system to any and all persons within the franchise area making demand therefor within one year from the date of demand and further provides that in the event the franchise holder fails to provide service within one year to anyone making demand, the County may by resolution limit the franchise area to that area being serviced or such greater area as the Board shall determine, and, WHEREAS, this Board has determined that prior to April 14, 1972, demand for service was made to the franchise holder by not less than ten owners of residences in the franchise area who were willing to pay for hook ups and services and the franchise holder failed to provide service to those demanding service within the one year period provided for in the franchise agreement, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Water and Sewer Franchise heretofore issued to Ecological Utilities, Inc. , is hereby limited to the following described area for failure of the franchise holder to provide service to those making demand therefore within one year of the demand: Ecological Utilities, Inc. Franchise Area; That part of Section 24, Township 33 South, Range 39 East, Indian River County, Florida, bordered on the North by the Indian River Farms Drainage District South Relief Canal; on the West by the Indian River Farms Drainage District Lateral J. Canal; on the South by Oslo Road; on the East by the Old Dixie Highway; also -28-