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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),
<br />12.56.180 Successors in interest.
<br />All the provisions, conditions, regulations and requirements herein contained shall be
<br />binding upon the successors, assigns and independent contractors of the grantee, and
<br />all rights and privileges of the grantee shall insure to its/his successors, assigns and such
<br />contractors equally as if they were specifically mentioned herein whenever the grantee is
<br />mentioned.
<br />2. The grantee, its/his successors and assigns shall have the right to sell, transfer or assign
<br />the franchise upon giving written notice of its/his intention to do so not less than sixty
<br />days in advance of the date of any proposed transfer to the clerk of the board of county
<br />commissioners of the county. (Ord. 82-7 § 16, 1982).
<br />12.56.190 Independent contractors.
<br />The obligations imposed upon the grantee by the express terms of the resolution granting such
<br />franchise, or implied by the terms of the ordinance codified in this chapter or any other ordinance
<br />affecting the same, include every employee, nominee or independent contractor of the grantee
<br />performing work in the county streets, avenues, alleys, roads, highways, rights -of -way or other
<br />county properties under contract, direction, request or authority of the grantee under this franchise,
<br />and the grantee, its/his agent, employee or independent contractor, severally, shall be responsible to
<br />the county for any injury or damage to county property or the expense incurred or suffered by the
<br />county in correcting defects in work replacing county roads or other improvements damaged by the
<br />acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 82-7 § 21,
<br />1982),
<br />12.56.200 Revocation of franchise.
<br />If the grantee, its/his successors or assigns, through willful or unreasonable neglect, fail to heed or
<br />comply with any notice given the grantee under the provisions of such grant, then the said grantee,
<br />its/his successors or assigns, shall forfeit all rights conferred thereunder and such franchise may be
<br />revoked or annulled by the board of county commissioners of the county upon thirty days' written
<br />notice thereof to the grantee. (Ord. 82-7 § 17, 1982).
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