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1983-109
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1983-109
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Last modified
3/30/2023 11:47:08 AM
Creation date
3/30/2023 11:40:10 AM
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Resolutions
Resolution Number
1983-109
Approved Date
11/02/1983
Subject
Amending the General Development Utilities Franchise
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All of the East ;� of Section 35, and all of Section 36 <br />of Township 33 South, Range 39 East; and the Southeast <br />of the Southeast ' of Section 30, that portion of the <br />Southwest 4 of the Southwest 4 of Section 29 bounded on the <br />® East by the Indian River West Shoreline, all of Section 31, <br />and that portion of the West � of Section 32 bounded on the <br />East by the Indian River West Shoreline in Township 33 South, <br />Range 40 East. <br />2. Section 17 of the original resolution is hereby amended to <br />s• <br />read as follows: <br />SECTION 17 <br />a. Except as provided in paragraph b of this section, should the <br />Utility desire to adjust any charges heretofore established and approved <br />by the Hoard, then the Utility shall notify and make application to the <br />Board in writing, setting forth a schedule of rates and charges which it <br />proposes. Within ninety (90) days after notice as aforesaid, the Board <br />shall hold a public hearing on such request, notice of which shall be <br />given by publication in a newspaper regularly published in said County, <br />at least one time not more than one month nor less than one week preceding <br />such hearing. Certified proof of publication of such notice shall be <br />filed with the Board. The Board will approve or disapprove said increase <br />in rates within sixty (60) days after said public hearing. If the Board <br />has not acted within one hundred twenty (120) days after the initial <br />notice by the Utility, then the Utility may forthwith put such amended <br />schedule of rates and charges into effect. If the Utility should raise <br />rates or charges as hereinabove stated prior to action by the Board, the <br />difference between the implemented rates and the previously authorized <br />rates shall be collected under bond and subject to refund for a period <br />of one hundred twenty (120) days. Upon the expiration of said one <br />hundred twenty (120) day period, if no action has been taken by the <br />Board, there shall be no further obligation on the part of the Utility <br />to refund any monies, and the bond will no longer be in force, and the <br />increase in rates or charges shall continue as if the request of the <br />Utility had been granted. If the Board enters an order approving or <br />disapproving the rate increase prior to the time the request is deemed <br />to have been granted, and the Utility or any person feels aggrieved by <br />such order, then the Utility or such person may seek review of the <br />Board's action by proceedings in the Circuit Court of the County. <br />b. If at any time the Utility is purchasing all or any portion of <br />its utility services from Indian River County and redistributing such <br />services to its customers, the Utility's rates to its customers shall be <br />
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