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1985-061
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1985-061
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Last modified
5/1/2023 10:57:12 AM
Creation date
5/1/2023 10:48:43 AM
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Resolutions
Resolution Number
1985-061
Approved Date
05/31/1985
Subject
Transferring & Amending Res. 1980-088, a water & sewer franchise for Village Green,
Phase IV (West) from Florida-Atlantic Associates, Village Green Phase IV water & wastewater
system franchise
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The Utility shall pay any rate structure review fee as the County may then <br />S have in effect and shall furnish the County with all information requested <br />by the County that is pertinent to the proposed new rate schedule. <br />2. A public hearing shall then be held on such request, of which <br />40 notice shall be given by publication in a newspaper regularly published in <br />said County at least one time not more than one month or less than one week <br />preceding such hearing. Certified proof of publication of such notice <br />shall be filed with the Board. <br />3. Said hearing may thereafter be continued for a reasonable time as <br />6 • determined by the Board. If the Board enters an order pursuant to such <br />hearing and the Utility feels aggrieved by such order, then Utility may <br />seek review of the Board's action by filing a petition for Writ of <br />Certiorari in the Circuit Court of the County. The Board shall act on the <br />rate request within ninety (90) days following the public hearing. <br />SECTION XX <br />CONSTRUCTION PERMITS <br />Prior to the Utility placing any of its facilities in any of the <br />public places as herein authorized, the Utility shall make application to <br />and obtain any required permits from the County authorizing said <br />construction in the same manner as permits are authorized in the County for <br />the use of the public roads as shall now or hereafter be established by <br />regulations of the County. The County shall have the right when special <br />circumstances exist to determine the time during which such construction <br />shall be done. <br />SECTION XXI <br />DEFAULT OF FRANCHISE <br />1. If the Utility fails or refuses to promptly faithfully keep, <br />perform and abide by each and all of the terms and conditions of this <br />franchise, then the Board shall give the Utility written notice of such <br />deficiencies or defaults and a reasonable time within which the Utility <br />shall remedy the same, which notice shall specify the deficiency or <br />default. <br />2. If the Utility fails to remedy such deficiency or default within <br />a reasonable time, the Board may thereafter schedule a hearing concerning <br />the same with reasonable notice thereof to the Utility, and after such <br />hearing at which all interested parties shall be heard, the Board may levy <br />liquidated damages of no less than fifty dollars ($50) per day that said <br />deficiency or default exists from the date of said hearing held by the <br />Board; and the Board may further limit or restrict this franchise or <br />franchise territory or may terminate and cancel the same in whole or in <br />part if proper reasons thereby are found by the Board. If the Board enters <br />an order pursuant to such hearing and the Utility feels aggrieved by any <br />such order, the Utility may seek review of the Board's action by filing a <br />petition for Writ of Certiorari in the Circuit Court of the County. <br />
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