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2023 Docket Enabling Ordinance December 19, 2023
<br />Page 185
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<br />same, the grantee upon written notice by the county shall, at its/his own expense, as soon as
<br />reasonably practicable, so raise, lower or move its/his lines or improvements to conform to
<br />such new grades as may be established, or place the property in such locations or positions
<br />as shall cause the least interference with any such improvements or work thereon as
<br />contemplated by the county and the county shall in no wise be held liable for any damage to
<br />the grantee that may occur by reason of the county improvements, repairs or maintenance
<br />performed in a reasonably careful and prudent manner, or by the exercise of any rights so
<br />reserved in this section or grant. If the county shall improve such streets, avenues, alleys,
<br />roads, highways, rights-of-way or other county properties, the grantee shall on written notice
<br />by county officials, at its/his own expense, replace such pipes, lines or system as may be in or
<br />through the improved sub-grade of such improvement, with such materials as shall conform
<br />to or exceed the applicable standards of the industry for use in such streets, avenues, roads,
<br />highways, rights-of-way or other county properties. (Ord. 82-7 § 13, 1982).
<br />12.13.01.140 Installation of county utilities.
<br />If at any time the county installs a line of pipes for sewage and/or drainage upon any of the
<br />streets, avenues, alleys, roads, highways, rights-of-way or other county properties herein
<br />described, wherein a grantee's facilities unreasonably interfere with the construction project,
<br />the grantee, upon written notice by the director of public works, shall temporarily remove or
<br />relocate its/his line of pipes or improvements at its/his own expense during the installation
<br />and replace same at its/his own sole cost and expense under the supervision of the county.
<br />(Ord. 82-7 § 14, 1982).
<br />12.13.01.150 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).
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<br />12.13.01.160 Condemnation.
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