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JUN 2 *6 1995 BOOK 61 PA,E, <br />(b) At all times herein where discretionary power is left with the <br />Hoard of County Commissioners, the Owner, before discretionary action is taken <br />• by The Board of County Commissioners, may request *said Board that a group <br />of arbitrators be authorized to determine such discretionary action and such <br />group shall consist of: <br />1. Board's Consulting Engineer <br />2. Company Engineer <br />3. One person selected by the two above persons. The Board of <br />Arbitrators so authorized and constituted shall make recommendations to the <br />Board of County Commissioners but such recommendations are not mandatory, <br />Any final decision the arbitrators or Board may have, with respect <br />to this franchise, may be appealed to the Circuit Court of Indian River County <br />by either party. <br />SlIXTION 10 <br />All pipes, mains, lift stations, pumps, valves and other fixtures laid or <br />placed by the Owner shall be so located in the public places in the County as <br />not to obstruct or interfere with any other uses made of such public places <br />already installed. The Owner shall whenever practicable avoid interfering with <br />the use of any street, alley or other highway where the paving or surface <br />of the same would be disturbed. In case of any disturbance of pavement, side- <br />walk, driveway or other surfacing, the Owner shall at its own cost and expense <br />and in a manner approved by the Count, Engineer, replace and restore all such <br />surface so disturbed in as good condition as before said work was commenced <br />and shall maintain the restoration in an approved condition for a period of one <br />year. In the event that any time the Cc,inty shall lawfully elect to alter or <br />change the grade or or relocate or wicle!i or otherwise chnngo any such public <br />way, tho Owner r+hnll, upon rvasonahle notice by the County, remove, relay, <br />and relocate it.,.; fixtures at its own expense, The Owner shall not locate any of <br />its facilities nor do any construction which would create any obstructions or <br />conditions which are or may become dangerous to the traveling public. In the <br />event any such public place under or upon which the Owner shall have located its <br />