HomeMy WebLinkAbout0560 Ca~e 1 . 75-493 CA
pursuant~to the terms of said c~ntract.
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On or about July 27, 1971, pursuant to a one year notice of
termination clause contained in the contract described in paragraph
6 of this Complaint, the Defendant elected to cancel and terminate
said contract effective October 1, 1972, and Defendant was notified
of this decision by a letter dated July 30, 1971.
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. On or about Jun~ 29, 1972, the Plaintiff, FORT PIERCE UTILITIES ~
AUTHORITY,'assumed control and operation of those utilities previoasly
operated by the City~of Fort Pierce and has continued to control and
operate said utilifiies to date.
The Defendant has made no offer to negotiate another contract
providing for ~ayment for services described in paragraph 6 of this
Complaint, and to date, the Defendant has continued to avail itself
of these services now provided by the Plaintiff, FORT PIERCE UTI LITIES
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AUTHORITY, and has refused to pay for the services rendered by said
Plaintiff, which services include the provision and maintenance ot
fire hydrants, together with provision of a ready supply of water for
s~id fire hydrants.
The Plaintiff is not empowered to allocate funds for fire
~ protection.
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! Under the terms of Chapter 59-1806, Laws of Flor-ida, as amended
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~ by Chapter 65-2191, Laws of Florida, described in paragraph 4 of the
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~ Complaint, the Defendant has both the power and responsibility to
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~ make appropriations for the maintenance and use of fire prevention
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~ e,quipment.
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~ Based upon above findings, which are admitted by the Defendant
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in its answers, the Court determines as a matter of law that it is
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~ the duty and responsibility of the Defendant, TfiE ST. LUCIE COUNTY - ~
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4 FORT PIERCE FIRE DISTRICT, and not the Plaintiff, FORT PIERCE UTILI-
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~ TIES AUTHORITY, to provide fire protection for the residents of the ~
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