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(b) At all times herein where discretionary power is left with the <br />® Board 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 />40 <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 />SECTION 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 County 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 County shall lawfully elect to alter or <br />change the grade of or relocate or widen or otherwise change any such public <br />way, the Owner shall, upon reasonable notice by the County, remove, relay, <br />and relocate its 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 />- 5 - <br />