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2023 Docket Enabling Ordinance December 19, 2023
<br />Page 186
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<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.
<br />(Ord. 82-7 § 4, 1982).
<br />12.13.01.170 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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<br />12.13.01.180 Successors in interest.
<br />1. 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/their successors, assigns and
<br />such contractors equally as if they were specifically mentioned herein whenever the
<br />grantee is 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).
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<br />12.13.01.190 Independent contractors.
<br />The obligations imposed upon the grantee by the express terms of the resolution granting
<br />such franchise, or implied by the terms of the ordinance codified in this chapter or any other
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