9/15/1959 - Laserfiche WebLink

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r5,24 and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highways and other public places of the County; provided however, that the County reserves the right to permit the use of such publio places for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. SECTION 4 The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located v.thin the following described boundary lines, to-witz Begin at the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 33 South, Range 39 East; thence meander Easterly along the South City Limit line to the banks of the Indian River; thence under Southeasterly along the banks of the Indian River to a point which Intersects with the South boundary of Government Lot 4, Section 18, Township 33 South, Range 40 East; thence run West to the Southwest corner of the Southwest 1/4 of the Northwest 1/4 of Section 14, Township 33 South, Range 39 East; thence run North to point of beginning. SECTION b The Company shall at all time during the life of this franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the 'County shall hereafter by resolution proviAe. SECTION 6 It is expressly understood and agreed by and between the Company and the County that the Company shall sa the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgwntll execution, claim or demand whatsoever resulting From negligence on the part of the Company in the construction, �I operation or maintenance under the terms of this franchise. The parties agree that in the oonstruction of this section, the claim of any person resulting from negligence on the part of the Company may be prosecuted direotit by such person again t the Company as if no givernmental immunity accrued to the County by virtue of the Company's use of a public place of the County. The County shall notify the Company promptly after presentation of any claim or demnd. SECTION 7 The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time, The right if hereby reserved to the CowAy to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and la wful authority vested in said County, provided that such regulations ebali be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida• The County shall have the right to supervise all construction or installation work performed and to make such inspeotions as it shall find Ito insure compliance with all governing regulations. upon the termination of this franchise, the Company grants Ito the County the right at the election of the County and upon payment of an amount as hereinafter provided to purchase and take over the property of the Company* The amount to be paid by the County to the Company shall be t Factual then existing value of all real and tangible personal property of the Company. In theevent any part or all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any municipality of the State of Florida, then in such event the Company agrees as a part of the consideration of the granting of this franchise that said municipality is herewith granted the right, power and authority to acquire all the property, assets and facilities of the Company used in its services under this franchise. The amount to be paid by the city to the Company shall be determined under the law of the State of Florida provided in eminent domain proceedings. 1 1 1 LJ 1 0