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1985-067
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1985-067
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5/1/2023 11:13:07 AM
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Resolutions
Resolution Number
1985-067
Approved Date
06/19/1985
Subject
Southeast Water & Sewer Company Franchise (Vero Grove)
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County system and shall pay to the County all the sums due under the <br />® County's standard schedule of rates and fees. The County shall not be <br />required but may at its option purchase the wastewater plant according to <br />Section XVIA. <br />4. The Utility shall supply the County with copies of its <br />Department of Environmental Regulation monthly operating reports and <br />trouble reports, if any. <br />5. The right is hereby reserved to the County to adopt, in <br />addition to the provisions herein contained and existing applicable <br />• . resolutions or laws, such additional regulations and increase fees and <br />charges as it shall find necessary in the exercise of the police power <br />and lawful authority vested in said County, provided that such <br />regulations shall be reasonable and not conflict with the rights herein <br />granted and not in conflict with the laws of the State of Florida. The <br />County shall have the right, but not the duty, to inspect all <br />construction or installation work performed. <br />6. 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 />SECTION IV <br />TERRITORY/FRANCHISE AREA <br />The territory in which this franchise shall be applicable is all <br />that 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 <br />Board harmless from any loss sustained by the County on account of any <br />suit, judgment, execution, claim or demand whatsoever resulting from <br />negligence, or intentional wanton, willful and reckless acts on the part <br />of the Utility in the construction, operation or maintenance of the <br />wastewater system under the terms of this franchise. The parties agree <br />that in the construction of this section, the claim of any person <br />resulting from negligence on the part of the Utility may be prosecuted <br />directly by such person against the Utility. The County shall notify the <br />Utility promptly after presentation of any claim or demand. <br />3 <br />
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