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1983-044
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1983-044
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3/23/2023 10:50:20 AM
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3/23/2023 10:49:59 AM
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Resolutions
Resolution Number
1983-044
Approved Date
06/15/1983
Subject
Tamara Gardens Water System Franchise
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9 <br />the event of this termination of easement, the party requesting <br />such termination shall pay to the Utility in advance, its cost of <br />removal and relocation of the removed facilities in order to <br />continue its service as theretofore existing, or the County shall <br />retain an easement not less than fifteen (15) feet in width for <br />the benefit of the Utility and its facilities. <br />SECTION X <br />The Utility shall provide service within the franchise <br />territory on a non-discriminatory basis as if it were regulated <br />under Florida Statute Chapter 367 (1980), except to the extent <br />that said provisions are in conflict with the provisions of this <br />Franchise. <br />SECTION XI <br />(a) Subject to the provisions of Section XI (b) the Utility <br />o shall furnish, supply, install and make available to any and all <br />persons within the franchise territory making demand therefor, its <br />W public water system, and shall provide such demanding person with <br />m <br />Wits services and facilities; provided, however, that the Board <br />o may, upon application of the Utility extend time for providing <br />s <br />m such service to such demanding person. In the event the Utility <br />W <br />o fails to provide its services and facilities as a water system to <br />any area within the franchise territory within the time specified <br />0 <br />by the Board, then in such an event, the County may, by resolution <br />of the Board, limit, restrict and confine the territory to that <br />area then being serviced by water by the Utility or such greater <br />area as the Board shall determine; and thereafter, the territory <br />shall be only the area set forth, in the resolution adopted by the <br />Board. <br />(b) The Utility shall not be required to furnish, supply, <br />install and make available its public water system to any person <br />within the franchise area unless the same may be done at such a <br />cost to the Utility as shall make the addition proposed <br />financially feasible. Financially feasible shall mean that a fair <br />and reasonable rate of return shall be realized by the Utility for <br />all its services under this franchise; that such rate of return on <br />the net valuation of its property devoted thereto under efficient <br />and economical management. The burden of showing that prospective <br />7 <br />
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