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1983-120
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1983-120
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Last modified
3/30/2023 12:21:26 PM
Creation date
3/30/2023 12:20:59 PM
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Resolutions
Resolution Number
1983-120
Approved Date
12/07/1983
Subject
Known as the "Pine Creek Water & Wastewater System Franchise"
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The Utility shall supply the County with copies of its Department <br />of Environmental Regulation monthly operating reports and trouble <br />reports, if any. <br />The right is hereby reserved to the County to adopt, in addition to <br />the provisions herein contained and existing applicable resolutions or <br />laws, such additional regulations and increase fees and charges as it <br />shall find necessary in the exercise of the police power and lawful <br />authority vested in said County, provided that such regulations shall be <br />reasonable and not conflict with the rights herein granted and not in <br />conflict with the laws of the State of Florida. The County shall have <br />0 • the right, but not the duty, to inspect all construction or installation <br />work performed. <br />Franchisee understands that the County is now considering the <br />extension of the County water system to this franchise area. Should the <br />County extend the county system, this shall be considered a temporary <br />water franchise and upon the demand of the County, franchisee shall <br />discontinue its water operation and immediately connect to the County <br />system and shall pay to the County all the sums due under the County's <br />standard schedule of rates and fees. <br />SECTION IV <br />TERRITORY/FRANCIiISE AREA <br />The territory in which this franchise shall be applicable is all <br />that part of Indian River County, Florida, located within the following <br />described boundary lines, to wit: <br />I See Exhibit "A" attached hereto and incorporated herein. <br />SECTION V <br />I10ID HARMLESS CLAUSE <br />It is expressly understood and agreed by and between the Utility <br />and the County that the Utility shall save the County and members of the <br />Hoard harmless from any loss sustained by the County on account of any <br />suit, judgment, execution, claim or demand whatsoever resulting from <br />negligence, or intentional wanton, willful and reckless acts on the part <br />of the Utility in the construction, operation or maintenance of the <br />water and/or wastewater system under the terms of this franchise. The <br />parties agree that in the construction of this section, the claim of any <br />person resulting from negligence on the part of the Utility may be <br />prosecuted directly by such person against the Utility. The County <br />shall notify the Utility promptly after presentation of any claim or <br />demand. <br />SECTION VI <br />CERTIFICATION OF OOMMIANCE <br />The Utility shall maintain and operate its water/wastewater plant <br />and system, and, render efficient service in accordance with the rules <br />3 <br />
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