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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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SECTION 19 <br />® DEFAULT of FRANCHISE <br />1. Zf the Company fails or refuses to promptly faithfully keep, <br />perform and abide by each and all of the tezms and conditions oe this <br />franchise, then the Board shall give the Company written notice of such <br />deficiencies or defaults and a reasonable time within which the Cocpany <br />40 shall reedy the same, which notice shall specify tt:e deficiency or <br />default. <br />2. If the Company fails to remedy such deficiency or default <br />within a reasonable time, the Board may thereafter schedule a hearing <br />concerning the same with reasonable notice thereof to the Company, and <br />after such hearing at which all interested parties shall be heard, the <br />Board may levy liquidated damages of no less than fifty dollars ($50) <br />0 per day that said deficiency or default exists from the date of said <br />hearing held by the Board; and the Board may further limit or restrict <br />this franchise or franchise territory or may terminate and cancel the <br />same in whole or in part if proper reasons thereby are found by the <br />Board. If the Board enters an order pursuant to such hearing and the <br />Company feels aggrieved by any such order, the Company may seek review <br />of the Board's action by filing a petition for Writ of Certiorari in the <br />Circuit Court of the County. <br />Section XVI. Section 21 of Resolutic. No. 73-83 is hereby amended <br />to read as follows: <br />SECTION 21 <br />In the event of an acquisition by the County, or the utilization of <br />the County's own plants, the County shall receive the wastewater <br />collection system free of cost and in good repair, wear and tear <br />excepted. The Company agrees to grant to the County any easements <br />necessary to connect the wastewater system to the County's wastewater <br />systems without charge. The customers shall pay all impact fees <br />applicable upon acquisition or upon connection to County's own plants. <br />Section XVII. Section 22 of Resolution No. 73-83 is hereby amended <br />to read as follows: <br />SECTION 22 <br />CONPRACIUAL AGREEMMT <br />It is specifically agreed by and between the parties hereto that <br />this franchise shall be considered a franchise agreement between the <br />Company and the County and as such a contractural instrument recognized <br />under the Statutes and Laws of the State of Florida. This franchise <br />agreement is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically provided. <br />NON-PERFORMANCE <br />Provisions herein to the contrary notwithstanding, the Company <br />shall not be liable for the non-performance or delay in performance of <br />any of its obligations undertaken pursuant to the terms of this <br />franchise where said failure or delay is due to causes beyond the <br />Company's control, including, without limitation, causes such as "Acts <br />of God", unavoidable casualties, labor disputes, etc. <br />EXECUTION OF FRANCHISE <br />If any word, sections, clause or part of this resolution is held <br />invalid, such portion shall be deemed a separate and independent part <br />and the same shall not invalidate the remainder. <br />IN WITNESS MTREOF, The Board of County Commissioners of Indian <br />River County, Florida has caused this franchise to be executed in the <br />name of the County of Indian River by the Chairman of the Board of <br />County Commissioners and its seal to be affixed and attested by its <br />
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