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1985-069
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1985-069
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5/1/2023 11:17:20 AM
Creation date
5/1/2023 11:16:31 AM
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Resolutions
Resolution Number
1985-069
Approved Date
06/26/1985
Subject
Authorizing a transfer of ownership granted in Res. 1977-94; a change of franchise
name granted in Res. 1974-015; (granterd to Maguire/Treasure Utilities Franchise)
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Hoard may levy liquidated damages of no less than fifty dollars (550) <br />ger day that said deficiency or default exists from the date of said <br />hearing held by the Hoard; and the Hoard may further limit or restrict <br />this franchise or franchise territory or may terminate and cancel the <br />sass in whole or in part if groper reasons thereby are found by the <br />Hoard. It the Board enters an order pursuant to such hearing and the <br />Utility feels aggrieved by any such order, the Utility may seek review <br />of the Bcx-erd's action by filing a petition for writ of Certiorari in the <br />circmit Court of the County. <br />CCUMACi'UAL AGi2MERE <br />it is specifically agreed by and between the parties hereto that <br />this franchise shall be considered a franchise`agreen-ent between the <br />Utility and the County and as such a contracts -al instrm ent recognized <br />under the Statutes and Laws of the State of Florida. This franchise <br />agreeneent is not intended to create rights or actions running in favor <br />of third parties, except as herein specifically providr-d. <br />lyONIaPrWOP 'CE <br />Provisions herein to the contrary notwithstanding, the Utility <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 />Utility's control, including, without limitation, causes such as "Acts <br />of Cod", unavoidable casualties, labor disputes, etc. <br />12 <br />
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