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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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necessary therefore in, along, under and across the public alleys, streets, <br />• roads, highway and other public places of the County; provided, however, <br />that the County reserves the right to permit the use of such public places <br />for and all other lawful purposes and subject always to the paramount right <br />40 of the public in and to such public places for a period of ninety-nine (99) <br />years. <br />2. The Utility shall, at all times during the life of this <br />franchise, be subject to all lawful exercise of the police power and <br />regulatory authority of the County and to such regulation as the County <br />shall hereafter by resolution provide, provided however, such regulations <br />shall not be inconsistent with the terms hereof. <br />3. The Utility shall supply the County with copies of its Department <br />of Environmental Regulation monthly operating reports and trouble reports, <br />if any. <br />4. The righi is hereby reserved to the County to adopt, in addition <br />to the provisions herein contained and existing applicable resolutions or <br />laws, such additional regulations and increase fees and charges as it shall <br />find necessary in the exercise of the police power and lawful authority <br />vested in said County, provided that such regulations shall be reasonable <br />and not conflict with the rights herein granted and not in conflict with <br />the laws of the State of. Florida. The County shall have the right, but not <br />the duty, to inspect all construction or installation work performed. <br />5. Franchisee understands that the County is undertaking an <br />expansion of its utility systems and this is considered a temporary water <br />and sewer franchise. Franchisee shall connect to the County Wastewater <br />System within sixty (60) days of receiving a written notice by the County. <br />County shall not require Franchisee to connect to the County Water System <br />sooner than 1995, provided Franchisee maintains the quality and quantity of <br />its potable water system. The paragraph is to be construed consistently <br />with the Agreement between Franchisee and County attached hereto as <br />Exhibit C. <br />SECTION IV <br />TERRITORY/FRANCHISE AREA <br />The territory in which this franchise shall be applicable is all that <br />part of Indian River County, Florida, located within the following <br />described boundary lines, to wit: <br />See Exhibit "A" attached hereto and incorporated herein. <br />SECTION V <br />HOLD HARMLESS CLAUSE <br />It is expressly understood and agreed by and between the Utility and <br />the County that the Utility shall save the County and members of the Board <br />harmless from any loss sustained by the County on account of any suit, <br />
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