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1986-032
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1986-032
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Last modified
5/10/2023 12:35:44 PM
Creation date
5/10/2023 12:35:10 PM
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Resolutions
Resolution Number
1986-032
Approved Date
05/21/1986
Subject
Humana, Inc. dba Humana Hospital, Sebastian Water System Franchise
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3. The Utility shall supply the County with copies of its <br />Department of Environmental Regulation monthly operating reports and <br />{ tiouble reports, if any. <br />4. 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 />5. Franchisee understands that the County is nmi considering the <br />extension of the County water and/or wastewater system to this franchise <br />area. Should the County extend the county system, this shall be <br />considered a temporary water and/or wastewater franchise and upon the <br />demand of the County, franchisee shall discontinue its water and/or <br />wastewater operation and immediately connect to the County system arca <br />shall pay to the County all the sums due under the County's standard <br />schedule of rates and fees. <br />SFYvTION IV <br />TERRITORY/FR MUSE AREA <br />The territory in Vai.ch 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 />}TOLD IMM -MESS CLAUSE <br />It is expressly understood and agreed by and between the Utility <br />and the County that the Ut=ility 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 />water and/or wastewater system under the terms of this franchise. The <br />parties agree that in the construction of this section, the claim -)f 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 promptly after presentation of any claim or <br />demand. <br />Cl3I7PIFICATION OF COMPLIANCE <br />SECTION VI <br />3 <br />
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