§ 16.38.380. Improvement of highway surface—Notice to grantee—Time for installation of facilities.

A.

The county reserves the right for itself, for all cities and public entities which are now or may be later established, to improve the surface of any highway over which the franchise is granted, upon written notice that the grantor intends to improve any such highway within the territory covered by the franchise, and requests that the grantee erect, install, lay or construct beneath the surface of the highway the facilities which at that time are known or believed by the grantee to be necessary or convenient to serve its needs and those of the public in the foreseeable future; the grantee shall commence such work on or before the date specified in such written notice and request, which date shall be not less than 30 days from receipt of such written notice and request, and diligently prosecute such work to completion.

B.

After the completion of such highway improvements by the grantor, the right of the grantee to lay or construct facilities in, under or through the improved surface of the highway or portion of the highway under the franchise shall be subject to such additional terms and conditions as the road commissioner may impose to minimize any damage to such improved surface.

C.

As to franchises granted for railroad tracks, the applicable rules, regulations and orders of the Public Utilities Commission shall govern whenever any conflict may exist between them and the terms and conditions which may be imposed upon the grantee by the road commissioner.

(Ord. 12420 § 11, 1981: Ord. 7468 Art. 1 § 145, 1959.)