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rights -of -way or other county properties by the grantee or for any claims on account of the existence
<br />of any excavation, temporary turnouts or the operation by the grantee of its/his lines over or under
<br />the streets, avenues, alleys, roads, highways, rights -of -way or other county properties as hereinafter
<br />designated, or for any other acts or omissions on the part of grantee, and in case that suit or action
<br />is brought against the county, its agents or employees, for damage arising out of or by reason of any
<br />of the above -mentioned causes, the grantee, its/his successors or assigns, will, upon notice to it or
<br />him of the commencement of said action, defend the same at its or his sole cost and expense and in
<br />case judgment shall be rendered against Kittitas County, its agents or employees, in such suit or
<br />action, will fully satisfy the judgment within ninety days after the suit or action has been finally
<br />determined, if determined adversely to the county, its agents or employees. Acceptance by the
<br />county of any work performed by the grantee at the time of completion shall not be a ground for
<br />avoidance of this hold harmless agreement. (Ord. 82-7 § 10, 1982).
<br />12.56.100 Damage to grantee's installation.
<br />In consideration of the granting of such franchise by the grantor to the grantee, the grantee, for
<br />itself/himself and its/his assigns, shall contract and agree to save the county harmless from any
<br />liability of whatsoever nature arising out of any damage and/or destruction done or suffered to be
<br />done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or appurtenances of
<br />whatsoever nature placed upon, along, across, over and/or under the county road right-of-way or
<br />other county property. This paragraph shall be construed to mean that the grantee accepts such
<br />franchise and any rights conferred thereunder for the use and occupation of any portion of the right-
<br />of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to grantee
<br />or third parties by grantor in the maintenance and/or construction work performed by grantor upon
<br />the roadways described herein and which would not have occurred but for the presence on the
<br />roadways of the grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned
<br />above, except to the extent any such damage or loss is caused by the sole negligence of the grantor.
<br />(Ord. 82-7 § 11, 1982).
<br />12.56.110 Underground facilities.
<br />The grantee, as far as practicable, shall construct all new utility facilities underground. Extension of
<br />overhead facilities following streets, avenues, roadways, boulevards or thoroughfares shall be
<br />undertaken only with the approval of the director of public works; provided, however, that approval
<br />shall not be unreasonably withheld. Grantee recognizes the desirability of underground facilities
<br />rather than overhead facilities and shall convert existing overhead facilities to underground facilities
<br />as and when equipment replacement is undertaken, or when other existing overhead utilities are
<br />placed underground, unless such replacement is unsafe, impractical, or economically unreasonable.
<br />Line extension policies and procedures established by the grantee, and uniformly applied through its
<br />service area, shall be the standard in determining what is "practical, impractical or economically
<br />unreasonable" under this chapter; provided, that no new overhead utility facilities shall be
<br />constructed or established in any area set aside for public park, school, playground or athletic
<br />purposes. (Ord. 82-7 § 19, 1982).
<br />12.56.120 Work by county.
<br />The laying, construction, maintenance and operation of the system of improvements granted under
<br />the franchise shall not preclude the county, its agents or its contractors from blasting, grading or
<br />doing other necessary road work in a reasonably careful and prudent manner contiguous to the
<br />grantee's improvement; provided, that the grantee shall be given a minimum two business days'
<br />prior notice, in writing, signed by the director of public works of the blasting or excavating in order
<br />that the grantee may protect it/his lines and property. (Ord. 82-7 § 12, 1982).
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