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M M M <br />uninterrupted service to each and all of its consumers; provided, <br />however, that such rules, regulations, terms and conditions shall not be <br />in conflict with the provisions hereof or with the laws of the State of <br />Florida and all of the same shall be subject to the approval of the <br />Board. <br />2. -At all times herein where discretionary power is left with the <br />Board of County Commissioners, the Utility, before discretionary action <br />is taken by the Board of County Commissioners, can request said Board <br />that a group of arbitrators be appointed and such group shall consist <br />of: <br />a) County Utilities Director <br />b) Utility Engineer <br />c) One person selected by the above two persons <br />and this Board of Arbitrators shall make recommendations to the Board of <br />County Commissioners, but such recommendations are not mandatory. Any <br />arbitration shall'be in accordance with the Florida Arbitration Code. <br />3.Any final decision the arbitrators or Board may have with <br />respect to this franchise can be appealed to the Circuit Court of Indian <br />River County by either party. <br />8. Section 10 of Resolution No. 74-15 is hereby amended to read <br />as follows: <br />V�n <br />All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains <br />and manholes and other fixtures laid or placed by the Utility for the <br />water and/or wastewater system shall be so located in the dedicated <br />easements in the County after approval by the County Engineer so as not <br />to obstruct or interfere with other uses made of such public places <br />already installed. The Utility shall, whenever practicable, avoid <br />interfering with the use of any street, alley or other highway where the <br />paving or surface of the same would be disturbed. In case of any <br />disturbance of county -owned pavement, sidewalk, driveway or other <br />surfacing, the Utility shall, at its own cost and expense and in a <br />manner approved by the County Engineer, replace and restore all such <br />surface so disturbed in as good condition as before said work was <br />commenced and shall maintain the restoration in an approved condition <br />for a period of one (1) year. In the event that any time the County <br />shall lawfully elect to alter or change the grade or to relocate or <br />widen or otherwise change any such County -awned right-of-way, the <br />Utility shall, upon reasonable notice by the County, remove, relay, and <br />relocate its fixtures at the Utility's expense. The Utility shall not <br />locate any of its facilities nor do any construction which would create <br />0 <br />JUN 2 6 1985 BOOK �Ar ` <br />