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1985-069
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1985-069
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Last modified
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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follows: <br />SECTION 6 <br />HOLD HARMLESS CLAUSE <br />It is expressly understood and agreed by and between the Uc.ility <br />and the County that the Utility shall save the County and mwbers of the <br />Hoard 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 />water and/or wastewater system under the terms of this franchise. The <br />parties agree that in the construction of this section, the claim of any <br />person resulting from negligence on the part of the Utility may be <br />prosecuted directly by such person against the Utility. The County <br />shall notify the Utility pranptly after presentation of any claim or <br />demand. <br />5. Section 7 of Resolution tib. 74-15 is hereby amended to read as <br />follows: <br />SECTION 7 <br />CERTIFICATION OF COMPLIANCE <br />1. The Utility shall maintain and operate its water/wastewater <br />plant and system, and, render efficient service in accordance with the <br />rules and regulations as are or may be set forth by the Department of <br />Environmental Regulation and the Board frau time to time, which shall <br />include but not be limited to "Construction Specification for Water <br />Treatment/Distribution and Sewage Treatment/Collection Facilities" <br />promulgated by Indian River County Utilities Department, July 1980, or <br />as amended. The County shall require the Utility to cxmply with the <br />above standards. <br />2. The project engineer (who must be registered in the State of <br />Florida) for the Utility shall certify, under seal, that the system has <br />been constructed substantially in accordance with plans and <br />specifications approved by the Department of Environmental Health and <br />that the systems meet all of the standards required by the County as set <br />forth in said construction specifications. The Utility shall cause said <br />certification to be submitted to the County along with the Florida <br />Department of Environmental Regulation applications and plans, for <br />County review. The certification shall include submission to the County <br />of two sets of "as-built"(as defined by the County) drawings, consisting <br />of one set in reproducible vellums and one set of regular blueline <br />prints; and that the systems meet all of the standards required by the <br />County. Upon receipt of certification from the engineer, the County <br />will issue a permit for operation of the water and wastewater systems. <br />4 <br />
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