(A)
No pipe line, cable, fiber optic line, or other underground transmission device shall be placed under, along or across any county street, road or right-of-way except in accordance with the provisions of this section.
(B) Prior to the placement of any such underground transmission device, the corporation or other person desiring to place such device under, along or across a county road shall submit detailed plans and specifications showing the location of any such pipe line, cable, fiber optic line, or other underground transmission device in relation to the property lines, sewers, fences, waterways, street, roadways and any other significant improvements or topographical feature.
(C) No such pipe line, cable, fiber optic line, or other underground transmission device shall be placed under, along or across any county street, road or right-of-way, until such plans and specifications for such placement have been approved by the County Board of Commissioners, or its designee, and no excavation or work of any type shall be commenced of putting any such pipe line, cable, fiber optic line, or other underground transmission device under, along or across any county street, road, or right-of-way until such approval has been obtained.
(D) Any corporation or person desiring to place pipe lines, cables, fiber optic lines, or other underground transmission devices under, along or across any street, road, or right-of-way shall post a bond satisfactory to the County Board of Commissioners, in a sum set by the County Board of Commissioners, guaranteeing that such corporation or person shall in all ways comply with this section and that the plans and specifications for the placement of such line, cable, or other underground transmission device shall be approved by the County Board of Commissioners, and such bond shall not be released until the County Board of Commissioners has determined such work is complete in all ways and that said plans and specifications together with the requirements of this section have in all ways been fulfilled; provided, further, that the County Board of Commissioners shall have full rights to collect under such bond for any damage to or expenses caused Morgan County due to the failure of any such corporation or person to comply with the terms of this section or to comply with the plans and specifications approved by the County Board of Commissioners as aforesaid. Any individual corporation or utility which periodically places such pipe lines, cables, fiber optics, and other underground transmission devices under or along county highways regularly or repairing the same shall carry a continuing bond with such terms subject to such approval.
(E) No such pipe line, cable, fiber optic line, or other underground transmission device shall be located within four feet of the edge of any traffic lane nor shall any excavation be made within four feet of the edge of the roadway surface unless prior specific approval as to a specific location is obtained in writing from the County Board of Commissioners.
(F) No work or excavation pursuant to the laying of any pipe line, cable, or other underground transmission device shall be commenced until the corporation or person desiring to place such underground transmission device under, along or across any county street, road or right-of-way of Morgan County, shall have first obtained public liability insurance in an amount no less than $3,000,000 covering such injury to an individual and $1,000,000 covering injury to or growing out of any specific accident; and provided, further, that such corporation or person shall in all ways indemnify and hold harmless Morgan County and the County Board of Commissioners, both personally and in their official capacity, for any accident or injury due to or growing out of any excavation for any pipe line, cable, fiber optics, or other underground transmission device, the placement of such device, or anything else connected with or growing out of the placement or use of such underground transmission device under, along, or across a street, road, or right-of-way of Morgan County, Indiana.
(G) Any corporation or person so placing such underground transmission device under, along, or across a street, road, or right-of-way of Morgan County, shall in all ways refill and tamp all excavations so as to maintain the original surface level; replace lawn or sod where removed; restore all breaks and cuts in curbing and street-paving surfaces; maintain and restore all pipes and drains; restore all ditches and watersheds in the condition in which they existed prior to such excavation; maintain and restore all bridges to the condition in which they were prior to the placement of any transmission devices under, along, or across or adjacent thereto; and in all ways insofar as possible finish said construction work so that no private or public property will be weakened, damaged, destroyed or harmed.
(H) In the event any persons or corporation responsible for any such pipe line, cable, fiber optic line, or other underground transmission device determine that it is necessary to repair such line, cable or other underground transmission device, then all provisions of this section shall apply to such repair work on such line, cable, or other underground transmission device except insofar as such provisions shall be waived in writing by the County Board of Commissioners.
(I) Any such corporation or person putting any pipe line, cable, fiber optic line, or other underground transmissions device under, along, or across any county street or road or right-of-way shall be fully responsible for all precautions such as barricades, warnings, warning lights, and other safety means and devices which may be necessary to prevent any hazard to other persons or vehicular traffic traveling on or along any such county streets, roads or rights-of-way which may be involved in such placements or repair of such pipe lines, cables, fiber optic lines, or other underground transmission devices.
(J) No pipe lines, cables, fiber optic lines, or other underground transmission devices shall be laid under, along, or across any county street, road, or right-of-way between November 1st and March 15th; provided, further, that no repair work on any such pipe line, cable, fiber optic line, or other underground transmission devices shall be done during such period of the year without the specific written consent of the County Board of Commissioners.
(K) Any such pipe line, cable, fiber optic line, or other underground transmission device placed under, along, or across any county street, road, or right-of-way shall be placed in such a manner that the top of such line, cable, or other underground transmission device shall not be less than 36 inches below the surface of the ground.
(L) In event of crossing any paved county road, the individual, corporation, or utility so crossing such road with a pipe line, cable, fiber optic line, or other underground transmission device shall not cut the road or otherwise disturb the pavement but shall drill under the same and such pipe line, cable, fiber optic line, or other underground transmission device shall be placed within a steel pipe or similar tube which will allow removal or repair of such pipe line, cable, fiber optic line, or other underground device without cutting the road or disturbing the pavement.
(M) Any person who violates the terms of this section shall be subject to a fine of $5,000 and subject to possible criminal charges, if applicable, under the law.
(Ord. 6-3-2, passed 7-2-1984; Ord. 2019-9, passed 10-21-2019)
Penalty, see § 110.99