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1982-117
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3/17/2023 3:09:12 PM
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3/17/2023 3:08:48 PM
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Resolutions
Resolution Number
1982-117
Approved Date
11/03/1982
Subject
Approving the Water & Sewer Franchise Application for Marsh Island
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same, which notice shall specify the deficiency or default. If <br />the Corporation fails to remedy such deficiency or default <br />within a reasonable time, the Board may thereafter schedule a <br />hearing concerning the same with reasonable notice thereof to <br />the Corporation, and after such hearing at which all interested <br />parties shall be heard, the Board may levy liquidated damages or <br />Fifty Dollars ($50.00) per day that said deficiency or default <br />exists from the date of said hearing held by the Board; and the <br />Board may further limit or restrict this franchise or franchise <br />territory or may terminate and cancel the same in whole or in <br />part if proper reasons thereby can be found by the Board. If <br />the Board enters an order pursuant to such hearing and the <br />Corporation feels aggrieved by any such order, the Corporation <br />may seek review of the Board's action by filing a petition for <br />Writ of Certiorari in the Circuit Court of the County. <br />SECTION XXII <br />Nothing in this franchise shall prevent landowners from <br />exercising their vested -rights or priviledges as set forth and <br />contained in any license issued to any utility heretofore <br />granted by the Board pursuant to Section 125.43, Florida <br />Statutes. <br />SECTION XXIII <br />It is specifically agreed by and between the parties <br />hereto that this franchise shall be considered a Franchise <br />Agreement between Corporation and County and as such a <br />contractual instrument recognized under the Statutes and Laws of <br />the State of Florida. This Franchise Agreement is not intended <br />to create rights or actions running in favor of third parties, <br />except as herein specifically provided. <br />SECTION XXTU <br />Provisions herein to the contrary notwithstanding, the <br />Corporation shall not be liable for the non-performance or delay <br />-18- <br />
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