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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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40 <br />c) one person selected by the above two persons <br />Section VIII. Section 10 of Resolution No. 73-83 is hereby amended <br />to read as follows: <br />® SECTION 10 <br />DEDICATED EASEMENTS <br />All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains <br />and manholes and other fixtures laid or placed by the Company for the <br />water and/or wastewater system shall be so located in the dedicated <br />easements in the County after approval by the County Engineer so as not <br />to obstruct or interfere with other uses made of such public places <br />• already installed. The Company shall, whenever practicable, avoid <br />interfering with the use of any street, alley or other highway where the <br />paving or surface of the saw would be disturbed. In case of any <br />disturbance of oounty-vvmed pavement, sidewalk, ariveway or other <br />surfacing, the Company shall, at its own cost and expense and in a <br />manner approved by the County Engineer, replace and restore all such <br />surface so disturbed in as good condition as before said work was <br />commenced and shall maintain the restoration in an approved condition <br />for a period of one (1) year. In the event that any time the County <br />shall lawfully elect to alter or change the grade or to relocate or <br />widen or otherwise change any such County -moaned right-of-way, the <br />Company shall, upon reasonable notice by the County, remove, relay, and <br />relocate its fixtures at the Company's expense. The Company shall not <br />locate any of its facilities nor do any construction which would create <br />any obstructions or conditions which are or may become dangerous to the <br />traveling public. In the event any such public place under or upon <br />which the Conpmiy shall have located its facilities shall be closed, <br />abandoned, vacated or discontinued, the Board may terminate such <br />easement or license of the Conpany thereto; provided, however, in the <br />event of this termination of easement, the party requesting such <br />termination shall pay to the Conpany in advance, its cost of removal and <br />relocation of the removed facilities in order to continue its service as <br />theretofore existing, or the County shall retain an easement not less <br />than fifteen (15) feet in width for the benefit of the Company and its <br />facilities. <br />Section IX. Section 12, paragraph (b), of Resolution No. 73-83 <br />is hereby amended to read as follows: <br />SECTION 12 <br />(b) The Company shall not be required to furnish, supply, install <br />and make available sewer services to any person within the territory as <br />hereinafter set forth, unless the same may be done at such a cost to the <br />Company as shall make the addition proposed financially and physically <br />feasible. Financially feasible shall mean that a fair and reasonable <br />rate to be charged by the Company for all the services under this <br />franchise will produce to the Company a sum sufficient to meet all <br />necessary costs of the services including a fair rate of return to be <br />realized by the Company under efficient and economical management. The <br />burden of showing that a prospective service to the area is not <br />financially feasible shall be the burden of the Company. <br />Section X. Section 13 of Resolution No. 73-83 is hereby amended <br />by adding the following paragraph: <br />SECTION 13 <br />Any sale or transfer by the Company or partners of the company <br />taking place contrary to the terms and conditions of this Section shall <br />be considered by the Board to be a default by the Company under this <br />franchise agreement and subject this franchise to termination. <br />
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