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12.56.150 Vacation of streets - City incorporation.
<br />1. Whenever any of the streets, avenues, alleys, roads, highways, rights -of -way or public
<br />places designated in such franchise shall be eliminated from the county jurisdiction by
<br />reason of the incorporation or annexation to a city, then all the rights, privileges and
<br />franchises so granted shall terminate in respect to the streets, avenues, alleys, roads,
<br />highways, rights -of -way and public places so eliminated.
<br />2. If at any time the county vacates any county street, avenue, alley, road, highway, right-
<br />of-way or other county property which is subject to rights granted by the franchise and
<br />the vacation is for the purpose of acquiring the fee or other property interest in the
<br />road, right-of-way or other county property for the use of the county, in either its
<br />proprietary or governmental capacity, then the board of county commissioners may, at
<br />its option, by giving ninety days' written notice to the grantee and after granting an
<br />alternate route, terminate this franchise with reference to such county road, right-of-way
<br />or other county property so vacated, and the county shall not be liable for any damages
<br />or losses to the grantee by reason of such termination and the grantee shall move its
<br />franchise at its own cost. (Ord. 82-7 § 3, 1982).
<br />3.
<br />12.56.160 Condemnation.
<br />The granting of any franchise shall not preclude the county from acquiring by purchase or
<br />condemnation any or all of the improvements installed by the grantee within the franchises. (Ord.
<br />82-7 § 4, 1982).
<br />12.56.170 Non -exclusivity - Work not to interfere - Prior utilities' preference.
<br />1. The grants and privileges herein enumerated shall not be deemed or held to be an
<br />exclusive franchise. It shall in no manner prohibit the county from granting other
<br />franchises of a like nature or franchises for other public or private utilities over, along,
<br />across, under and upon any of the streets, avenues, alleys, roads, highways, rights -of -
<br />way or other county properties as herein enumerated, and shall in no wise prevent or
<br />prohibit the county from using any of the streets, avenues, alleys, roads, highways,
<br />rights -of -way or other county properties or affect its jurisdiction over them or any part
<br />of them.
<br />2. All construction or installation of mains, valves, pipes, poles, cables, lines, fittings and
<br />facilities, service, repair, or relocation of the same, performing along, over and/or under
<br />the county roads, rights -of -way or other county properties subject to the franchise shall
<br />be done in such a manner as not to interfere with the construction and maintenance of
<br />other utilities, public or private, drains, drainage ditches and structures located therein,
<br />nor with the grading or improvement of such county roads, rights -of -way or other
<br />county properties.
<br />3. The owners of all other utilities, public or private, installed in such county roads, rights -
<br />of -way or other county properties prior in time to the lines and facilities of the grantee,
<br />shall have preference as to the positioning and location of such utilities so installed with
<br />respect to the grantee. Such preference shall continue in the event of the necessity of
<br />relocating or changing the grade of any such county road or right-of-way. (Ord. 82-7 §
<br />15, 1982).
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