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required by the County. <br />2. 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 of <br />less than one week preceding such hearing. Certified proof of <br />publication of such notice shall be filed with the Board. <br />3. At the conclusion of the public hearing, the Board may <br />issue an order. The Board shall issue its order on the rate request <br />within ninety (90) days following the public hearing. <br />61DIWIVE410F. <br />CONSTRUCTION PERMITS <br />I. Prior to the Utility placing any of its facilities in any <br />of the public places as herein authorized, the Utility shall make <br />application to and obtain any required permits from the County <br />authorizing said construction in the same manner as permits are <br />authorized in the County for the use of public roads as shall now or <br />hereafter be established by regulations of the County. The County <br />shall have the right when special circumstances exist to determine the <br />time during which such construction shall be done. <br />2. Prior to the issuance of a construction permit, <br />certification from the Indian River County Fire Department must be <br />obtained certifying fire flow requirements have been met. <br />SECTION XXIII <br />LO)WASOMKOW91MMW <br />1. If the Utility fails or refuses to promptly faithfully <br />keep, perform and abide by each and all of the terms and conditions of <br />this franchise, then the Board shall give the Utility written notice <br />of such deficiencies or defaults and a reasonable time within which <br />the Utility shall remedy the same, which notice shall specify the <br />deficiency or default. <br />2. If the Utility fails to remedy such deficiency or default <br />within a reasonable time, the Board may thereafter schedule a hearing <br />concerning the same with reasonable notice thereof to the Utility, and <br />after such hearing at which all interested parties shall be heard, the <br />Board may levy liquidated damages of no more than Five Hundred And <br />No/100 Dollars ($500.00) per day that said deficiency or default <br />exists from the date of said hearing held by the Board; and the Board <br />may further limit or restrict this franchise or franchise territory or <br />may terminate and cancel the same in whole or in part if proper <br />reasons thereby are found by the Board. <br />-13- <br />