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-Services Director Sonny Dean. He also advised there is a clause <br />which says the lease charge starts on January 1 after the year of <br />completion of the project. <br />Commissioner Adams inquired if the lease is paid in arrears, <br />and Mr. Gunter responded that it is payable in advance but there <br />are no charges for the year during construction. The District <br />accepted responsibility for the misunderstanding in that they had <br />previously dealt with the Utilities Department who realized that <br />this fee is associated with all in-line utilities, and they had <br />assumed that the General Services Department was also aware of the <br />charges. <br />Commissioner Adams then asked if the clause at the bottom of <br />the application which says: 'permission, when granted, will be <br />subject to the standard proviso set forth on the reverse hereof' <br />was the clause Mr. Gunter was referring to. Commissioner Adams <br />felt that the County would be better off to have the line on its <br />own right-of-way rather than pay $50,000 to relocate it. She <br />believed that a meeting with the District Board might improve the <br />working relationship as she felt there was not much productive <br />communication between the two Boards. <br />Mr. Gunter explained that the District Board simply wants to <br />reserve the right legally to get the County to move its utilities <br />on their rights-of-way if the regulatory agencies force them to do <br />something. They must have a legal vehicle such as the lease in <br />case next year they have to ask the utility to move. <br />Chairman Macht felt that it is very difficult for the County <br />to live with 30 days' notice as the optic cable carries the 19th <br />Judicial District court proceedings. He was not sure 30 days would <br />give the County time to make an alternative plan. <br />Mr. Gunter explained that most of the District's problems are <br />utility related. The District bids out utility mowing and if there <br />are buried utilities or power lines, they mow 4 times a year. The <br />District requires the utility to clear and level the right-of-way <br />and they want it to stay clear and level as it costs more to clear <br />if it is allowed to grow up. The mowing and maintenance fees, plus <br />internal administration and legal costs for the District, are <br />covered by the fees and the fees are annual only because the <br />District does not want to end up in court caught between the <br />regulatory agencies and the -utility agency. <br />BOOK 94 f'Au ��A <br />APRIL 49 1995 23 <br />