§ 21-175. Stipulations.  

Latest version.
  • (a)

    It is expressly stipulated, and the permit holder agrees, that the permit issued under this article is a license for a permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or to vest any property right in the holder thereof and that the issuance of a right-of-way utilization permit does not relieve the permit holder of the need for obtaining any other permits that may be required by the appropriate authorities. The permit holder agrees that the permit may be revoked if the county engineer finds that the work performed thereunder is or will be detrimental to the public interest.


    The rights and privileges set out in this article are granted only to the extent of the county's right, title and interest in the land to be entered upon and used by the applicant, and the applicant will at all times assume all risks of and defend the county from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercise by the applicant of the aforesaid rights and privileges.


    The construction and/or maintenance of a utility shall not interfere or encroach upon the property and rights of a prior occupant.


    Removal and/or relocation of facilities (including but not limited to landscaping, signage and paving). Any facility heretofore or hereafter placed upon, under, over, or along any public road right-of-way that, in the opinion of the county, unreasonably interferes in any way with the convenient, safe, or continuous use, or the maintenance, improvement, extension, or expansion, of such public road or appurtenant structures thereto shall, upon thirty (30) days' written notice to the owner of the facility or its agent, or upon legal notice published in not less than two (2) weekly issues of a newspaper of general circulation in the county, be removed or relocated, and the right-of-way shall be restored to its original condition by, and at the sole expense of, such facility owner (or its agent). The failure of a utility owner or its agent to remove or relocate such facility after the required notice shall absolve the county from any liability for damages that may arise as a result the county's removal of any such utilities.

(Right-of-Way Utilization Regs., § II; Ord. No. 91-13, § 5, 5-21-91)