(A) The Board of Commissioners of the county hereby establishes this section requiring a person (defined by I.C. 8-1-23-4 as: the word person as used herein shall include a public utility, partnership, limited liability company, firm, association or corporation) to enter into a contract with the Board of Commissioners of the county and to post a surety bond as determined by the Board of Commissioners of the county, pursuant to I.C. 8-1-23-3, prior to the installation of a pipe line, conduit or private drain across or along any county highway within the county, as follows: “I.C. 8-1-23-3. Laying pipe line, conduit or drain along or across county highway — Contract for restoration of highway and use thereof — Surety bond filed with commissioners — Contract not to create easement”.
(B) If any person shall desire to lay a pipe line, conduit or private drain, across or along any county highway of the state, such person shall first enter into a contract with the Board of County Commissioners in each county wherein it is desired to locate such pipe line, conduit or drain, which contract will obligate the owner thereof to restore the county highway to its original condition after the laying thereof and to reimburse the county for the use of such highway. In addition, such person shall file with the Board of County Commissioners a surety bond, payable to the county, in a sum to be set by and to the approval of the Board of County Commissioners, conditioned upon the performance of such contract. No such contract shall give any person a permanent right or easement to use any county highway but such contract may give the right to use such highway so long as such pipe line, conduit or drain, does not interfere with the alteration, use, abandonment or public enjoyment of such county highway.
(Ord. 2011-13, passed 12-12-2011)