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hereof or with the laws of the State of Florida and all of the <br />same shall be subject to the approval of. the Board. <br />(b) At all times herein where discretionary power is left <br />40 <br />with the Board of County Commissioners, Rybacki, before <br />discretionary action is taken by the Board of County Commissioners, <br />can request said Board that a group of arbitrators be appointed, <br />and such group shall consist of: <br />1.. County Engineer <br />2. Rybacki's Engineer <br />3. One person selected by the <br />two above named persons <br />and this Board of Arbitrators shall make recommendations to the <br />Board of County Commissioners, but such recommendations are not <br />mandatory. <br />Any final decision the arbitrators or Board may have, with <br />respect to this franchise, can be appealed to the Circuit Court <br />of Indian River County by either party. <br />SECTION X <br />All pipes, mains, hydrants, valves and other fixtures laid or <br />placed by Rybacki shall be so located in the public places in the <br />County so as not to obstruct or interfere with any other uses made <br />of such public places already installed. Rybacki shall, whenever <br />practicable, avoid interfering with the use of any street, alley <br />or other highway where the paving or surface of the same would be <br />disturbed. In case of any disturbance of pavement, sidewalk, <br />driveway or other surfacing, Rybacki shall, at his own cost and <br />expense and in a manner approved by the County Engineer, replace <br />and restore all such surface so disturbed in as good condition as <br />before said work was commenced and shall maintain the restoration <br />in an approved condition for a period of one year. In the event <br />that any time the County shall lawfully elect to alter or change <br />the grade of or relocate or widen or otherwise change any such <br />public way, Rybacki shall, upon reasonable notice by the County, <br />remove, relay and relocate his fixtures at his own expense. <br />Rybacki shall not locate any of his facilities nor do any construc- <br />tion which would create any obstructions or conditions which are <br />