|
2023 Docket Enabling Ordinance December 19, 2023
<br />Page 184
<br />
<br />
<br />from any liability of whatsoever nature arising out of any damage and/or destruction done or
<br />suffered to be done to grantee's mains, valves, pipes, poles, cables, lines or other fittings or
<br />appurtenances of whatsoever nature placed upon, along, across, over and/or under the
<br />county road right-of-way or other county property. This paragraph shall be construed to
<br />mean that the grantee accepts such franchise and any rights conferred thereunder for the
<br />use and occupation of any portion of the right-of-way at its/his own risk, and agrees to
<br />assume responsibility or any damage occasioned to grantee or third parties by grantor in the
<br />maintenance and/or construction work performed by grantor upon the roadways described
<br />herein and which would not have occurred but for the presence on the roadways of the
<br />grantee's pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except
<br />to the extent any such damage or loss is caused by the sole negligence of the grantor. (Ord.
<br />82-7 § 11, 1982).
<br />12.13.01.110 Underground facilities.
<br />The grantee, as far as practicable, shall construct all new utility facilities underground.
<br />Extension of overhead facilities following streets, avenues, roadways, boulevards or
<br />thoroughfares shall be undertaken only with the approval of the director of public works;
<br />provided, however, that approval shall not be unreasonably withheld. Grantee recognizes the
<br />desirability of underground facilities rather than overhead facilities and shall convert existing
<br />overhead facilities to underground facilities as and when equipment replacement is
<br />undertaken, or when other existing overhead utilities are placed underground, unless such
<br />replacement is unsafe, impractical, or economically unreasonable. Line extension policies and
<br />procedures established by the grantee, and uniformly applied through its service area, shall
<br />be the standard in determining what is "practical, impractical or economically unreasonable"
<br />under this chapter; provided, that no new overhead utility facilities shall be constructed or
<br />established in any area set aside for public park, school, playground or athletic purposes.
<br />(Ord. 82-7 § 19, 1982).
<br />12.13.01.120 Work by county.
<br />The laying, construction, maintenance and operation of the system of improvements granted
<br />under the franchise shall not preclude the county, its agents or its contractors from blasting,
<br />grading or doing other necessary road work in a reasonably careful and prudent manner
<br />contiguous to the grantee's improvement; provided, that the grantee shall be given a
<br />minimum two business days' prior notice, in writing, signed by the director of public works of
<br />the blasting or excavating in order that the grantee may protect it/his lines and property.
<br />(Ord. 82-7 § 12, 1982).
<br />12.13.01.130 Improvement of county roads.
<br />If at any time the county deems it advisable to improve any of its streets, avenues, alleys,
<br />roads, highways, rights-of-way or other county properties as hereinbefore designated, by
<br />grading, re-grading, surfacing or paving same, or altering, changing, repairing or improving
|