A. Private utilities and public utilities seeking to obtain a Class B Franchise to utilize a county right of way for the purposes defined in section 7-1-1 of this chapter must do the following as a prerequisite to the granting of a franchise:
1. Provide evidence that the granting of a franchise shall further a public purpose.
2. Provide evidence that the private utility has attempted in good faith to acquire easements from private property owners to avoid the use of the county rights of way.
3. Provide evidence that the county rights of way, which are the subject of the application, have adequate capacity.
4. Complete and submit the standard form of an excavation permit as provided by Summit County.
5. Provide evidence in the form of a guarantee or bond that work will be completed in a professional manner, and that any damage to roadway or roadbed will be repaired in a timely manner and said repairs will be guaranteed for a period of two (2) years.
6. Provide an as-built CAD drawing of the utility facility within the county rights of way with GIS mapping co-ordinates.
B. The following regulations shall apply to all Class B Franchises:
1. Utility facilities of Class B Franchises shall not materially interfere with utility facilities of Class A Franchises or with the county’s use and operation of the county rights of way.
2. If, during the course of the franchisee’s construction, operation, maintenance, or replacement of utility facilities, franchisee causes damage to or alters the county rights of way or causes damage to public or private property, franchisee shall replace or repair and restore the same at franchisee’s expense to the condition existing immediately prior to such damage or alteration and in a manner reasonably approved by the county engineer.
3. The county reserves the right to require franchisee to protect, support, raise, lower, temporarily disconnect, relocate in or remove its utility facilities from the county rights of way in the interest of public convenience, necessity, health, safety or welfare at no cost to the county. Upon its receipt of reasonable advance notice, to be not less than five (5) business days in the event of a temporary relocation and no less than ten (10) business days for a permanent relocation, the franchisee shall, at its own expense, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the county rights of way, any property of the franchisee when requested by the county by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, power lines or other utility infrastructure, or any other reason requested by the county.
4. The franchisee shall, on the request of any person holding a lawful permit issued by the county, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the county rights of way as necessary any property of the franchisee, provided (a) the expense of such is paid by the franchisee benefitting from the relocation, and (b) the franchisee is given reasonable advanced written notice to prepare for such changes. With respect to a relocation requested by a Class A Franchisee, the costs associated with the relocation shall be borne by the Class B Franchisee. For purposes of this subsection, reasonable advanced written notice shall be no less than ten (10) calendar days in the event of a temporary relocation, and no less than sixty (60) calendar days for a permanent relocation.
5. Construction, operation, maintenance, and replacement of the utility facilities shall be performed in an orderly and workmanlike manner. All such work shall be performed in accordance with generally applicable federal, state, and local regulations. The utility facilities shall not endanger or unreasonably interfere with the safety of persons or property within the county.
6. All underground utility facilities shall be placed at least twenty four (24) inches below the surface grade or as required by the county engineer.
7. Before installing new utility facilities or replacing existing utility facilities, franchisee shall first notify the county of such work by written notice and shall allow the county, at its own expense (to include a pro rata share of the trenching costs), to share the trench of franchisee to make its own improvements therein, provided that such action by the county will not unreasonably interfere with franchisee’s utility facilities or delay project completion.
8. Franchisee shall insure that the utility facilities are designed, installed, operated, maintained, and replaced in a manner that fully complies with federal, state, and local rules and regulations, as such are revised or amended from time to time. As provided in those rules and regulations, the county shall have, upon request, the right to obtain a copy of tests and records required in accordance with those appropriate rules and regulations.
9. Franchisee shall indemnify, save and hold harmless, and defend the county, its officers, boards and employees, from and against any and all claims, demands, liens, and all liability for damages of whatsoever kinds, including by not limited to any liability or claims resulting from property damage or bodily injury (including accidental death), which arises out of the franchisee’s use or occupancy of the county rights of way or any of franchisee’s acts or omissions pursuant to or related to this franchise, and to pay any and all costs, including reasonable attorney’s fees incurred by the county in defense of such claims, demands or liens brought thereunder.
C. The county may revoke and terminate this franchise with or without cause. Upon termination, franchisee shall cease all operations of the utility facilities within the county rights of way and remove the utility facility within ninety (90) calendar days thereafter. (Ord. 800, 3-6-2013; amd. Ord. 800-A, 2-5-2020)