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1985-061
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1985-061
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5/1/2023 10:57:12 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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and this Board of Arbitrators shall make recommendations to the Board of <br />County Commissioners, but such recommendations are not mandatory. Any <br />arbitration shall be in accordance with the Florida Arbitration Code. <br />3. Any final decision the arbitrators or Board may havo with respect <br />to this franchise can be appealed to the Circuit Court of Indian River <br />County by either party. <br />' SECTION IX <br />DEDICATED EASEMENTS <br />All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains and <br />manholes and other fixtures laid or placed by the Utility for the water <br />and/or wastewater system shall be so located in the dedicated easements in <br />the County after approval by the County Engineer so as not to obstruct or <br />interfere with other uses made of such public places already installed. <br />The Utility shall, whenever practicable, avoid interfering with the use of <br />any street, alley or other highway where the paving or surface of the same <br />would be disturbed. In case of any disturbance of county -owned pavement, <br />sidewalk, driveway or other surfacing, the Ut.4.lity shall, at its own cost <br />and expense and in a manner approved by the County Engineer, replace and <br />restore all such surface so disturbed in as good condition as before said <br />work was commenced and shall maintain the restoration in an approved <br />condition for a period of one (1) year. In the event that any time the <br />County shall lawfully elect to alter or change the grade or to relocate or <br />widen or otherwise change any such County -owned right-of-way, the Utility <br />shall, upon reasonable notice by the County, remove, relay, and relocate <br />its fixtures at the Utility's expense. The Utility shall not locate any of <br />its facilities nor do any construction which would create any obstructions <br />or conditions which are or may become dangerous to the traveling public. <br />In the event any such public place under or upon which the Utility shall <br />have located its facilities shall be closed, abandoned, vacated or <br />discontinued, the Board may terminate such easement or license of the <br />Utility thereto; provided, however, in the event of this termination of <br />easement, the party requesting such termination shall pay to the Utility in <br />advance, its cost of removal and relocation of the removed facilities in <br />order to continue its service as theretofore existing, or the County shall <br />retain an easement not less than fifteen (15) feet in width for the benefit <br />of the Utility and its facilities. <br />SECTION X <br />SERVICE REQUIREMENTS <br />The Utility shall provide service within the franchise territory on a <br />non-discriminatory basis as if it :.cue regulated under Florida Statute <br />Chapter 367 (1980), except to the extent that said provisions are in <br />conflict with the provisions of the franchise. <br />
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