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e - RESOLUTION NO.85-37 4A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING AN INCREASE IN RATES QWfED IN RESOLUTION NO. 73-83 AND PROVIDING FOR ® CERTAIN MODIFICATION TO TETE FRANCHISE AGUM DTT Ia] M AS THE "EVELYN F. NEJILLE, INC., SEWER FRANCHISE". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CODMSSIOENRS OF INDIAN RIVER COUNTY that Resolution No. 73-83 be amended to reflect the following revisions. Section I. Section 3 of Resolution No. 73-83 is hereby amended to read as follows: SECTION 3 There is hereby granted by the County to the Carpany the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a sewer system within the prescribed territory as herein provided and for these purposes to sell and distribute sewer services within the territory and for these )urposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefore in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided, however, that the County reserves the right to permit the use of usch public places for any and all other lawful purposes and subject always to the parawount right of the public in and to such public places. The franchise hereby granted shall not be interpreted so as to require any individual property owner within the franchise area to connect to the sewer facilities of the Cc mpany. Section II. Section 4 of Resolution No. 73-83 is hereby amended to by adding the following paragraph: SECTION 4 SERVICE REQUIREMENTS The Utility shall provide service within the franchise territory on a non-discriminatory basis as if it were regulated under Florida Statute Chapter 367 (1980), except to the extent that said provisions are in conflict with the provisions of the franchise. Section III. Section 5 of Resolution No. 73-83 is hereby amended to read as follows: SECTION 5 1. The Company shall at all times during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution or ordinance provide, to include the establishment of a utilities coimiission which would exercise the delegated right of the County retained herein. 2. The Utility shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and trouble reports, if any. 3. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations and increase fees and charges as it shall find necessary in the exercise of the police power