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conditions of this paragraph shall be considered by the Board to be a ® default by the Utility under this franchise agreement and subject this franchise to termination. • M SECTION XIII ADEQUATE CAPACITY Utility warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or wastewater service unless adequate capacity is available at the time any new 60 ® connection is made. SECTION XIV NOTICE OF ADJUSTME P OF RATES Upon the initial connection of any customer to the water/wastewater system or upon the reconnection of any new customer to the water/wastewater system, the Utility shall furnish, by mail, a notice sett:hig forth the rate schedule then in effect and further containing the following statement: "The water/wastewater rates set forth herein have been authorized p.:�suant to Indio. River Ca=..ty Water/Wastewater Franchise Resolution No. 84 32 as am-ided. Said water/wastewater ra es are subject to adjustment pursuant to said Resolution upon proper showing by the Utility. Said rates are also subject to adjustment in the event the water/wastewater franchise is terminated and Indian River County comiences to furnish water/wastewater service to your property." SECTION XV RATE SCIM)ULE 1. The rates charged by the Utility for its service hereunder shall at all times be compensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the Utility's investment under efficient and economical management. The Utility agrees that the County has the authority to enter into this Franchise Agreement and the regulation of said Utility. Utility agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates When this franchise t� .%es effect, th-c Utility shall have authority to charge and collect, but not to exceed, the schedule of rates set at a public hearing for that purpose which shall remain effective until changed or modified as herein provided. In setting said rates, the County shall be guided by the standards set forth in Florida Statute 367.081 relating to the establishment of rates and charges. In any event, the Utility shall always be responsible for justifying its 8