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SECTION XX <br />® CHANGE IN RATE SCHEDULE <br />Should the Utility desire to establish rates and charges or should <br />the Utility desire to increase any charges heretofore establijhed and <br />40 approved by the Board, then the Utility shall notify the Board in <br />writing, setting forth the schedule of rates and charges which it <br />proposes. The Utility shall pay any rate structure review fee as the <br />County may then have in effect and shall furnish the County with all <br />information requested by the County that is pertinent to the proposed new <br />• rate schedule. A public hearing shall then be held on such request, of <br />which notice shall be given by publication in a newspaper regularly <br />published in said County at least one time not more than one month or <br />less than one week preceding such hearing. Certified proof of <br />publication of such notice shall be filed with the Board. Said hearing <br />may thereafter be continued for a reasonable time as determined by the <br />Board. If the Board enters an order pursuant to such hearing and the <br />Utility feels aggrieved by such order, then Utility may seek review of <br />the Board's action by filing a petition for D`rit of Certiorari in the <br />Circuit Court of the County. The Board shall act on the rate request <br />within ninety (90) days following the public hearing. <br />SECTION XXI <br />CONSTRUCTION PERMITS <br />Prior to the Utility placing any of its facilities in any of the <br />public places as herein authorized, the Utility shall make application to <br />and obtain any required permits from the County authorizing said <br />construction in the same manner as permits are authorized in the County <br />for the use of the public roads as shall now or hereafter be established <br />by regulations of the County. The County shall have the right when <br />special circumstances exist to determine the time during which such <br />construction shall be done. <br />SECTION XXII <br />DEFAULT OF FRANCHISE <br />If the Utility fails or refuses to promptly faithfully keep, perform <br />and abide by each and all of the terms and conditions of this franchise, <br />then the Board shall give the Utility written notice of such deficiencies <br />or defaults and a reasonable time within which the Utility shall remedy <br />the same, which notice shall specify the deficiency or default. If the <br />Utility fails to remedy such deficiency or default within a reasonable <br />time, the Board may thereafter schedule a hearing concerning the same <br />reasonable notice thereof to the Utility, and after such hearing at <br />which all interested parties shall be heard, the Board may levy <br />liquidated damages of no less than fifty dollars ($50) per day that said <br />deficiency or default exists from the date of said hearing held by the <br />Board; and the Board may further limit or restrict this franchise or <br />franchise territory or may terminate and cancel the same in whole or in <br />12 <br />