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default by the Utility under this franchise agreement and subject this <br />franchise to termination. <br />40% <br />SECTION XIII <br />® ADEQUATE CAPACITY <br />Utility warrants adequate capacity to service existing or <br />anticipated customers and agrees not to provide water and/or wastewater <br />service unless adequate capacity is available at the time any new <br />connection is made. <br />•• <br />SDCPION XIV <br />NOTICE OF ADJUSTMENT OF RATES <br />Upon the initial connection of any customer to the water/wastewater <br />system or upon the reconnection of any new customer to the <br />water/wastewater system, the Utility shall furnish, by mail, a notice <br />setting forth the rate schedule then in effect and .further containing <br />the following statement: <br />"The water/wastewater rates set forth herein <br />have been authorized pursuant to Indian River County <br />Water/Wastewater Franchise Resolution No. as <br />amended. Said water/wastewater rates are subject to <br />adjustment pursuant to said Resolution upon proper showing kry <br />the Utility. Said rates are also subject to adjustment in <br />the event the water/wastewater franchise is terminated <br />and Indian River County caarences to furnish <br />water/wastewater service to your property." <br />SECTION XV <br />1. The rates charged by the Utility for its service hereunder <br />shall at all times be ccnipensatory and shall be fair and reasonable and <br />designed to meet all necessary costs of the service, including a fair <br />rate of return on the Utility's investment under efficient and <br />economical management. The Utility agrees that the County has the <br />authority to enter into this Franchise Agreement and the regulation of <br />said Utility. Utility agrees that it shall be subject to all authority <br />now or hereafter possessed by the County or any other regulatory body <br />having competent jurisdiction to fix just, reasonable and conpensatory <br />rates. When this franchise takes effect, the Utility shall have <br />authority to charge and collect, but not to exceed, the schedule of <br />rates set at a public hearing for that purpose which shall remain <br />effective until changed or modified as herein provided. In setting said <br />rates, the County shall be guided by the standards set forth in Florida <br />Statute 367.081 relating to the establishment of rates and charges. In <br />any event, the Utility shall always be responsible for justifying its <br />proposed rates and charges by the submission of accounting and <br />8 <br />