UTILITY. Under this order "Utility" shall mean and include all privately, publicly or co-operatively owned communication lines and facilities, any systems, lines and facilities for the distribution and transmission of electrical energy, oil, gas, water, sewer, steam and other pipe lines, railways, ditches, lumes or other structures which under the laws of this State or the Ordinance of any County or City may be constructed, placed or maintained across, along or on County Highway Right-of-Way. Dependent upon the meaning intended in the context, "utility" shall also mean the Utility Company, inclusive of any wholly owned subsidiary.
The applicant in carrying on any and all of the work herein above mentioned or referred to in its application and in the Permit isssued herefore, shall strictly conform to the terms of such Permit, and the regulations of the Board of County Commissioners, as set forth herein together with the Special Provisions, all of which are made a part hereof. The applicant specifically agrees to be bound hereby. The applicant shall also comply with the regulations of all other governmental agencies for the protection of the public. The work shall be accomplished in a manner that will not be detrimental to the highway and that will safeguard the public.
Except as otherwise permitted, utility construction and relocation on County Highway Right-of-Way shall not be commenced until an application for a Permit has been made and such Permit granted. The Permit sketch shall show the location of the proposed utility with reference to County Highway Centerline. A copy of the sketch shall be provided for each copy of such Permit.
Burning or disking operations and/or the use of chemicals to control or kill trees, brush and other vegetation is prohibited without prior approval from the County Highway Engineer.
All waterways and lines of drainage shall remain operative.
Wherever topsoil and sod are disturbed they shall be replaced and maintained satisfactorily until the turf is established.
The utility facility and installations shall not interfere with any existing utility facilities on the County Highway Right-of-Way.
When necessary, barricades, warning devices and flagmen shall be provided by the Utility during all phases of their construction and maintenance operations on County Highway Right-of-Way.
At the time of construction of the utility and at the times of subsequent maintenance, prior approval shall be obtained from the County Highway Engineer for the cutting and trimming of trees within the County Highway Right-of-Way. Whenever trees are cut the resulting stumps shall be removed unless otherwise provided in the Special Provisions of the Permit. Any holes caused by stump removal shall be backfilled, the area leveled and all materials associated therewith disposed of outside the County Highway Right-of-Way. The Utility shall advise the County Highway Engineer at least 48 hours in advance of its intent to start clearing and grubbing operations so that proper supervision can be provided.
The Utility shall notify the County Highway Engineer of its intent to perform service and maintenance operations which will interfere with the flow of traffic on County Highways, and shall obtain his approval prior to performing such operations. However, the company may perform service and maintenance operations on County Highways including opening and disturbing the surface of the right-of-way without prior approval in those instances where an emergency exists that is dangerous to the life or safety of the public and which requires immediate repair. The Utility shall take all necessary and reasonable safety measures to protect the traveling public and shall notify the County Highway Engineer at the earliest possible moment.
If at any time Morrison County, acting through its Board of County Commissioners, shall deem it necessary to make any improvements or changes on all or any part of the Right-of-Way of the County Highway which affect a utility located on County Highway Right-of-Way, then and in such event, the owner of the Utility shall within 15 days after written notice from the Board of County Commissioners, or its authorized agent, proceed to alter, change, vacate or remove said Utility from the County Highway Right-of-Way so as to conform to said County Highway changes and as directed by the Board of County Commissioners, such work shall be done without any cost whatsoever to Morrison County and shall be completed within the date specified in said written notice. The Utility shall assume all liability and save Morrison County harmless from any and all claims of damage of any nature whatsoever occasioned by reason of not having removed said Utility within the time specified in said notice.
The Utility shall assume all liability for, and save the County, its agents and employees, harmless from any and all claims for damages, actions or causes of action arising out of the work to be done herein and the continuing uses by the Utility, including but not limited to the placing, constructing, reconstructing, maintaining and using of said utility under this application and Permit.
The Board of Commissioners may required the Utility, or its contractor, to furnish a deposit in the form of a certified check, a surety bond or corporate undertaking, in favor of the Board of County Commissioners of Morrison County, for any expense incurred by the County in the repairing of damage to any portion of the County Highway Right-of-Way caused by work performed under a Permit, including any out of the ordinary engineering supervision and inspection expense provided by the County. In those instances wherein a deposit is required, the amount of the deposit shall be specified in the Special Provisions of the Permit. If a check is furnished, any monies remaining over and above such expense shall be returned to the applicant.
The Permit as issued does not in any way imply an easement on private property.
The installation shall be made in conformity with all applicable laws, regulations and codes covering said installations. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public.
Upon completion of an installation, the Utility shall restore the County Highway Right-of-Way to its original condition. The Utility shall then notify the Office of the County Highway Engineer of the completion of the work so that inspection can be made to determine its acceptability.
- The Utility Company shall assume all liability for, and save the County, its agents and employees harmless from any and all claims for damages, actions or causes of action arising out of the work to be done and the continuing uses by the Utility Company, including but not limited to the placing, constructing, maintaining and using of said Utility Company under this application and Permit.
- The installation shall be made in conformity with all applicable laws, regulations and codes covering said installation. All installations shall be made in conformity with regulations of governmental agencies for the protection of the public.
- Wherever topsoil and sod are disturbed they shall be replaced and maintained until the turf is established.
- The Utility Company facility and installation shall not interfere with any existing utility facilities on the county highway right-of-way.
- Necessary barricades, warning devices and flagman shall be provided by the Utility Company during all phases of their construction and maintenance operations on county highway right-of-way.
- Upon completion of an installation, the Utility Company shall restore the county highway right-of-way to its original condition, the Utility Company shall then notify the Office of the County Highway Engineer of the completion of the work so that inspection can be made to determine its acceptability.
- All crossings of the roadbeds of the County Highways shall be made by boring inside a casing or carrier pipe, or by jacking, unless this procedure is modified in the Special Provisions of the Permit. The auger shall not lead the causing or carrier pipe by more than one inch. Open trenching shall be restricted to the area from five feet beyond the shoulder to the Right-of-Way line except as modified in the Special Provisions of the Permit.
- When pipes with bells or flanges are installed, the crossings of the roadbeds of the County Highway shall be made by boring inside a conduit as provided in paragraph 1 of this section or jacking a conduit of sufficient diameter to permit threading the carrier pipe through it.
- All voids caused by jacking or boring shall be filled by pressure grouting. The group material shall consist of a sand-cement slurry of at least two sacks of cement per cubic yard and a minimum of water to assure satisfactory placement.
- The underground utilities shall be so installed as virtually to preclude any necessity for disturbing the roadbeds to perform maintenance operations.
- Underground installations shall be accomplished without damaging or destroying the principal root structure of specimen trees.