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4 <br />RECCMMMATION AMID F'IJM1M <br />It is recanmended that Change Order No. 10 be approved. Funding to be as <br />follows: - <br />Southern Bell $ 41250 <br />Fund 304-214-541 $10,610 <br />(Gas Tax Revenue) <br />Commissioner Bird wondered why someone didn't notice this <br />obstacle during our design and planning stage. <br />Director Davis explained that alt the plans were sent to <br />Southern Bell; they were asked to draw their utility lines on our <br />drawings, and they did so. Their lines were then transposed onto <br />the design drawings, but when our engineers actually got out in <br />the field, it was found the Southern Bell line was in a different <br />location vertically than Southern Bell had indicated on the <br />drawings. We went back to Southern Bell because we had a storm <br />drain going right through their conduit, but they said they could <br />not move that line, which is a very important one in their long <br />lines section; and we negotiated a settlement where they agreed <br />to pay half. <br />Commissioner Bird realized staff negotiated the best they <br />could, but if this was clearly Southern Bell's error, he felt <br />they should pick up the whole tab. <br />Director Davis stated that was staff's position also, but <br />there was a stalemate. Their feeling is they have a franchise <br />to operate in this county and they pay the county so many dollars <br />a month for the right to place their facilities in our R/W. He <br />was not sure what amount they do pay. <br />OMB Director Baird advised that we have an FP&L franchise, <br />but not a Southern Bell franchise. <br />Public Works Director Davis noted apparently that was a <br />mistaken impression, but the problem we have now is that the <br />project is on hold because of this conflict. <br />Commissioner Bird felt we need to do the work and also put <br />this in the hands of our legal department to see what our options <br />are. <br />OCT 17 19 BOOK` 69 PA' A 7 <br />