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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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B. The Utility shall supply the County with an annual report of <br />operations and maintenance certified by the Utility <br />Engineer, who must be registered in the State of Florida. <br />SECTION VIII <br />UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES <br />'"' The Utility shall have the authority to promulgate such rules, <br />regulations, terms, and conditions covering the conduct of its <br />business as shall be necessary to enable the Utility to exercise its <br />rights and perform its obligations under this franchise and to issue <br />uninterrupted service to each of its consumers. Such rules, <br />regulations, terms, and conditions shall not be in conflict with the <br />provisions of this franchise or with the laws of the State of Florida <br />and all the same shall be subject to the approval of the County. <br />SECTION IX <br />DEDICATED EASEMENTS <br />All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains, <br />manholes, and other fixtures laid or placed by the Utility for the <br />Utility shall be so located in the dedicated easements in the County <br />after approval by the County Engineer so as not to obstruct or <br />interfere with other uses made of such public places already <br />installed. The Utility shall, whenever practicable, avoid interfering <br />with the use of any street, alley, or other highway where the paving <br />or surface of the same would be disturbed. In case of any disturbance <br />of county -owned pavement, sidewalk, driveway, or other surfacing, the <br />Utility shall at its own cost and expense and in a manner approved by <br />the County Engineer, replace and restore all such surfaces so <br />disturbed in as good condition as before the work was commenced and <br />shall maintain the restoration in an approved condition for a period <br />of one year. If the County shall elect to alter or change the grade <br />or to relocate or widen or otherwise change any such County -owned <br />right -of way, the Utility shall, upon reasonable notice by the County, <br />remove, relay, and relocate its fixtures at the Utility's expense. <br />The Utility shall not locate any of its facilities or do any <br />construction which would create any obstructions or conditions which <br />are or may become dangerous to the traveling public. In the event any <br />such public place under or upon which the Utility shall have located <br />its facilities shall be closed, abandoned, vacated, or discontinued, <br />the County may terminate such easement or license of the Utility. The <br />party requesting such termination (if other than the County) shall pay <br />in advance to the Utility its cost of removal and relocation of the <br />removed facilities in order to continue its service as theretofore <br />
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