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1985-037
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1985-037
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Last modified
4/27/2023 10:04:36 AM
Creation date
4/27/2023 10:04:15 AM
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Resolutions
Resolution Number
1985-037
Approved Date
03/20/1985
Subject
Authorizing an increase in rates granted in Res. 1973-83 & providing for certain
modifications to the Franchise Agreement known as the "Evelyn R. Neville, Inc. Sewer Francise"
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and lawful authority vested in said County, provided that such <br />regulations shall be reasonable and not conflict with the rights herein <br />do granted and not in conflict with the laws of the State of Florida. The <br />County shall have the right, but not the duty, to inspect all <br />construction or installation work performed. <br />® 4. Franchisee understands that the County is now considering the <br />extension of the County water and/or wastewater system to this franchise <br />area. Should the County extend the county system, this shall be <br />considered a temporary water and/or wastewater franchise and upon the <br />demand of the County, franchisee shall discontinue its water and/or <br />wastewater operation and immediately connect to the County system and <br />each customer shall pay to the County all the sums due under the County's <br />standard schedule of rates and fees. <br />Section IV. Section 6 of Resolution 73-83 is hereby amended to <br />read as follows: <br />SECTION 6 <br />1. It is expressly understood and agreed by and between the <br />Company and the County that the Company shall save the County and <br />members of the Board harmless from any loss sustained by the County on <br />account of any suit, judge ent, execution, laim or demand whatsoever <br />resulting from negligences on the part of the Company in the <br />construction, operation or maintenance under the terms of this <br />franchise. <br />2. The parties agree that in the construction of this section, <br />the claim of any person resulting from negligence on the part of the <br />Company may be prosecuted directly by such person against the Company as <br />if no governme-ntal i.neremmity accrued to the County by virtues of the <br />Ccmpany's use of a public place of the County. The County shall notify <br />the Company promptly after presentation of any claim or demand. <br />3. The Company shall maintain adquate public liability and <br />property damage insurance in such amounts as set forth in, to wit: <br />Exhibit "A" attached hereto and incorporated herein <br />and said insurance policy or policies shall name the County as an <br />additional insured. <br />The Utility shall cause the County to be duly notified by the insurer in <br />the event of any modifications or deletions of the insurance as set <br />forth in said Exhibit "A". Said amounts shall be adjusted by the <br />Utility, as shall be required from time to time by the Board in <br />accordance with good business practices as determined by safe business <br />standards as established by the Board for the protection of the County <br />and the general public and for any liability which may result from any <br />action of the Utility. <br />Section V. Section 7 of Resolution 73-83 is hereby amended to <br />read as follow: <br />SECTION 7 <br />CERTIFICATION OF COMPLIANCE <br />1. The Company shall maintain and operate its water/wastewater <br />plant and system, and, render efficient service in accordance with the <br />rules and regulations as are or may be set forth by the Department of <br />Environmental Regulation and the Board from time to time, which shall <br />include but not be limited to "Construction Specification for Water <br />Treatment/Distribution and Sewage Treatment/Collection Facilities" <br />promulgated by Indian River County Utilities Department, July 1980, or <br />as amended. The County shall require the Company to comply with the <br />above standards. Prior to the issuance of a construction permit, the <br />Company's project engineers shall certify to the County that the design <br />
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