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1982-122
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1982-122
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Last modified
3/17/2023 3:18:12 PM
Creation date
3/17/2023 3:17:53 PM
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Template:
Resolutions
Resolution Number
1982-122
Approved Date
11/17/1982
Subject
For the Pinesterad Water & Sewage System Franchise with the addition there
will be 24 hour availability of service
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SECTION XVIII <br />Prior to the Corporation placing any of its facilities <br />in any of the public places as herein authorized, the <br />Corporation shall make application to and obtain a permit <br />from the County Engineer authorizing said construction in <br />the same manner as permits are authorized in the County for <br />the use of the public roads as shall now or hereafter be <br />established by regulations of the County. The County shall <br />have the right when special circumstances exist to determine <br />the time in which such construction shall be done. <br />SECTION XIX <br />If the Corporation fails or refuses to promptly faith- <br />fully keep, perform and abide by the terms and conditions of <br />this franchise, then the Board shall give the Corporation <br />written notice of such deficiencies or defaults and a <br />reasonable time within which the Corporation shall remedy <br />the same, which notice shall specify the deficiency or <br />default. If the Corporation fails to remedy such deficiency <br />or default within the time required by the notice from the <br />Board, the Board may thereafter schedule a hearing concerning <br />the same with reasonable notice thereof to the Corporation, <br />and after such hearing at which all interested parties shall <br />be heard, the Board may levy liquidated damages of $50.00 <br />per day that said deficiency or default exists from the date <br />of said hearing held by the Board; and the Board may further <br />limit or restrict this franchise or may terminate and cancel <br />the same in whole or in part if proper reasons thereby are <br />found by the Board. If the Board enters an order pursuant <br />to such hearing and the Corporation or any other person <br />feels aggrieved by such order, the utility or such other <br />person may seek review of the Board's action by proceedings <br />in the Circuit Court of the County. <br />SECTION XX <br />County shall have the right, but not the duty to <br />monitor construction of the facilities. Prior to connection, <br />- 15 - <br />
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