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HomeMy WebLinkAbout1960-010R E S 0 L U T 10 N WHEREAS, the Board of County Commissioners of Indian River County, Florida, is vested by law with the power and authority to grant ease- ments and franchises over, in, upon and across the County roads in Indian River County, Florida, for the maintenance of pipes, poles and lines for the transmission and distribution of water, gas, electric power and for telepitme and telegraph purposes under such conditions and with such limitations as said Board may in its discretion impose; Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that this Board does herewith declare that there shall not hereafter be placed over, in and upon and across any County road in Indian River County, Florida, any pipes, poles or lines for the trans- mission and distribution of water, gas, electric power, telephone or tele- graph purposes nor for any other similar use or purpose unless and until an easement or franchise has been issued as provided by this Resolution. Any person, firm or corporation desiring to make such use of the County roads in Indian River County, Florida, shall make application for an easement therefor to the County Engineer. Said application shall be in writing, shall specify the facility which the applicant desires to place over, in, upon or across the public roads and shall specify the particular location thereof, the manner of construction thereof and such other detailed information as shall be required by the County Engineer. Should the County Engineer determine that the proposed facility will not violate any of the terms and conditions of this Resolution, then the County Engineer is herewith authorized and Instruct- ed to issue a permit In the name of the County, permitting the construction, reconstruction, maintenance and operation of the facility over, across and along all County roads as specified in the permit; provided, however, that the County Engineer shall determine: 1. That the granting of said permit will not create any obstruc- tions or conditions which are or may become dangerous to the traveling public. 2. That the holder of the permit shall repair any damage or injury to the County roads occasioned by the exercise of the privilege granted and that the holder of the permit will repair any such damage or injury promptly, restoring the same to a condition at least equal to that which existed immediately prior to such damage or injury. 3. That the holder of such permit shall hold Indian River County, Florida, its Board of County Commissioners and the members thereof harm- less from the payment of any compensation or damages resulting from the exercise of the privilege granted by the permit. 4. That the holder of the permit shall comply with all those reasonably necessary rules and regulations promulgated for the protection of said County and public by its Board of County Commissioners whether enacted before or after the granting of said permit. 5. 'That the holder of said permit will whenever necessary in the opinion of the Board of County Commissioners fo r the construction, widening, repair, improvement, alteration or relocation of all or any portion of said roads as determined by the Board of County Commissioners, that then promptly upon notice and demand, the holder of such permit will immediately remove from said highway or reset or relocate any or all of such facilities, all at the expense of the holder of such permit and as required by the Board of County Commissioners; provided, however, in the event the relocation or removal thereof shall be required by reason of the construction of the Federal Interstate System of Highways under such circumstances as to bring such removal or relocation within the coverage of Section 3 of the Federal Aid Highway Act of 1956, being Public Law 627 of the 84th Congress or any amendment or reenactment thereof providing for the payment of the cost of such removal or relocation from public funds, then in such event the holder of such permit, upon complying with all teats and conditions of the law and all rules and regulations adopted pursuant thereto, shall be entitled to receive reimbursement of the dost of such removal or relocation. _2_ 6. That the holder of such a pert -nit shall file a writtenâ–º accept- ance of the terms hereof within 30 days from the granting of such permit, stating that it will comply with the conditions thereof and such permit shall not become effective until the receipt by the County Engineer of such written acceptance and if such written acceptance is not so received within the time provided, then the permit shall become null and void and of no legal effect. 7. No assignment, transfer or pledge by the holder of the permit of the rights granted in the permit to any mortgagee or mortgage trustee shall obligate such mortgagee or mortgage trustee to perform the obligations of such permit unless and until the mortgagee or mortgage trustee shall become the owner and holder of such permit but'the holder of the permit shall remain obligated to perform the terms and conditions thereof, 8. Should the applicant for any such permit be any person, firm or corporation other than a public utility regulated and supervised by the Florida Railroad and Public Utilities Commission, then the County Engineer may, In his discretion, require the posting of a bond in such amount as he shall deem sufficient, conditioned upon the applicant promptly and faithfully complying with all of the terms and conditions of said permit and if such bond is so required, the permit shall not be valid until the bond has been delivered to and approved by the County Engineer. Any such bond shall be payable to Indian River County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners.