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1979-012
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1979-012
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Last modified
2/16/2023 11:45:16 AM
Creation date
2/16/2023 11:45:01 AM
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Resolutions
Resolution Number
1979-012
Approved Date
01/24/1979
Resolution Type
Water Franchise
Subject
Mitchell Builders Water Franchise
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SECTION XIX <br />Any person using in normal average consumption more than <br />100,000 gallons of water per day shall not be required to deal <br />With the Corporation but any such water user shall be at liberty <br />to secure its water from such source or sources as it might desire. <br />This franchise shall exempt and except therefrom any public agency <br />producing water for resale at wholesale. Nothing in this franchise <br />shall prevent landowners from exercising their vested rights or <br />privileges as set forth and contained in any license issued to <br />any utility heretofore granted by the Board pursuant to Section <br />125.43, Florida Statutes. <br />SECTION XX <br />The Corporation shall design all facilities within the <br />Franchise Area to conform to the Indian River County gaster Plan <br />for utilities, when applicable. <br />The Franchise and rights herein granted shall take effect <br />and be in force from and after the time of the adoption of this <br />resolution by the Board and shall continue in force and effect <br />until such time as the County may install or acquire its own <br />water distribution system and declares an intent to supply the <br />same to individual customers within the Franchise Area. Upon <br />the County supplying water, this Franchise shall become null <br />and void. <br />The Franchise and rights hereto granted shall take effect <br />and be in force from and after the time of the adoption of this <br />resolution by the Board and shall continue in force and effect <br />until such time as the County is operating a public -owned water <br />system and agrees to service the area presently served under <br />the franchise distribution system. The Corporation acknowledges <br />that it has entered into an agreement with the County whereby, <br />upon written notification from the County, the Corporation will, <br />at its own expense, terminate the lease of the distribution system, <br />remove the water plant, and terminate this franchise. County, <br />at its expenses, shall connect the franchise's distribution system <br />- 12 - <br />
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