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1988-035
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1988-035
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Last modified
9/6/2022 10:49:28 AM
Creation date
9/2/2022 10:33:40 AM
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Resolutions
Resolution Number
1988-035
Approved Date
05/17/1988
Subject
Franchise Agreement with ELL-CAP 32 - VERO BEACH (know as ELL-CAP 32-VERO BEACH SYSTEM FRANCHISE)
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■ 11 <br />. <br />B. The Utility shall be subject to all lawful exercise of the <br />Police power and other reasonable regulatory authority of <br />111® <br />the County including the right to increase fees and charges <br />justified. <br />�Iwhen <br />C. The Utility shall supply the County with copies of its <br />SII® <br />Department of Environmental Regulation (DER) monthly <br />I <br />operating reports and trouble reports, if any. <br />D. The County shall have the right, but not the duty, to <br />II® <br />inspect all construction or installation work performed by <br />I <br />the Utility to ensure that the construction meets County <br />specifications. <br />III® <br />E. The Utility understands that the County is now considering <br />the extension of the County water and/or wastewater system <br />to this franchise area; therefore, this franchise shall be <br />considered to be temporary and upon the demand of the <br />County, Utility shall discontinue its service and <br />immediately connect to the County system and shall pay to <br />the County all the sums due under the County's then existing <br />standard schedule of rates and fees. <br />SECTION IV <br />TERRITORY/FRANCHISE AREA <br />The territory in which this franchise shall be applicable is all <br />that part of Indian River County, Florida, located within the <br />following described boundary lines, to wit: <br />See Exhibit "A" attached hereto and incorporated herein. <br />SECTION V <br />HOLD HARMLESS CLAUSE <br />The Utility shall save the County and members of the Board of <br />County Commissioners harmless from any loss sustained by the County on <br />account of any suit, judgment, execution, claim, or demand whatsoever <br />resulting from any acts whatsoever including negligent, intentional, <br />wanton, willful, or reckless acts on the part of the Utility in the <br />construction, operation, or maintenance of the Utility system under <br />the terms of this franchise. The parties agree that in the inter- <br />pretation of this section, the claim of any person resulting from <br />negligence on the part of the Utility may be prosecuted directly by <br />such person against the Utility. The County shall notify the Utility <br />promptly after presentation of any claim or demand. <br />
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