Chapter 10.15
TELEPHONE AND TELEGRAPH LINES
Sections:
10.15.020 Regulations – Permit.
10.15.040 Underground Conduits.
10.15.080 Change in Pole Location.
10.15.010 Definitions.
The telephone and/or telegraph company will be hereinafter referred to as the “company.” The board of county commissioners will be hereinafter referred to as the “board.” The Yakima County road engineer will be hereinafter referred to as the “engineer.” These regulations shall be in effect until they are revised by the board or they are superseded by a franchise issued to the company.
(Res. 142-1980; Vol. II p. 729 (part), 1957).
10.15.020 Regulations – Permit.
The following regulations pertain to the location, construction, maintenance, operation and use of pole lines consisting of poles set in the ground, together with wires or cables, strung thereon and all necessary appurtenances thereto, for telephone and telegraph lines, also the laying of such lines, wires or cables in underground conduits upon, over, along, across and/or under Yakima County roads, highways, streets, alleys and public places, or parts thereof.
Any company desiring to construct or maintain telegraph or telephone systems along Yakima County roads must first file a copy of these regulations or as they may hereinafter be revised, indicating thereon their complete acceptance thereof.
Special permit from the engineer fixing locations and specifications for placing underground conduits shall be obtained by the company prior to construction of the underground conduits.
(Res. 142-1980; Vol. II p. 729 §1, 1957).
10.15.030 Poles.
All poles, excepting where otherwise prescribed by the engineer shall be placed not more than eighteen inches inside the right-of-way line of the road measuring from the center of such pole or poles; however, the engineer may designate the place or places on each road or part thereof where the company shall place such poles.
(Res. 142-1980; Vol. II p. 729 §2, 1957).
10.15.040 Underground Conduits.
All underground conduits excepting where otherwise prescribed by the engineer shall be placed not less than five feet outside the edge of the hard surfaced roadway nor more than five feet inside the road right-of-way line and the top of the conduit shall be at least three feet below the top of the roadway, however, the engineer may designate the place or places on each road or part thereof where the company shall place such underground conduits.
(Res. 142-1980; Vol. II p. 729 §3, 1957).
10.15.050 State Law.
Telephone and telegraph lines, cable, conduits and appurtenances shall be constructed and thereafter maintained in accordance with all rules and regulations governing such construction and maintenance in the state.
(Res. 142-1980; Vol. II p. 729 §4, 1957).
10.15.060 County Not Liable.
The county shall in no case be liable or responsible to the company for any damage to the telephone and telegraph poles, wires, cables, conduits or appurtenances caused by any work carried on by the county in a reasonable, careful manner, and the company shall in all cases protect and save harmless the county from all claims, actions or damages of every kind and description which may be asserted against such county by reason of the company’s acts in connection with the construction, operation and maintenance of said telephone and telegraph poles, wires, cables, conduits or appurtenances in case that suit or action is brought against the county for damages arising out or by reason of the above mentioned causes, the company will upon notice to it of the commencement of said action defend the same at its sole cost and expense. In case a final judgment is rendered against the county in such suit or action, the grantee will fully satisfy said judgment within ninety days after the suit or action shall have finally been determined by a trial court, or courts if appeal be taken, if determined adversely to Yakima County.
(Res. 142-1980; Vol. II p. 729 §5, 1957).
10.15.070 Road Repair.
The company shall so construct, operate and maintain such poles, wires, cables, conduits and appurtenances as not to interfere with or obstruct the ordinary use or travel upon said roads, and in case said roads, alleys, streets or public places are damaged or impaired in any manner thereby, then and in that event, the roads, alleys or public places shall be repaired and restored to as good condition as they now are or may be at the time of the obstruction or injury, all by and at the expense of the company to the satisfaction of the engineer.
All work shall he done in a thorough and workmanlike manner. In the laying of conduits and the construction of other facilities and the opening of trenches, the tunneling under county roads, rights-of-way or other county property, the company shall leave such trenches, ditches and tunnels in such a way as to interfere as little as possible with public travel and shall take all due and necessary precautions to guard the same, so that damage or injury shall not occur or arise by reason of such work; and where any such trenches, ditches or tunnels are left open at night, the company shall place warning lights and barricades at such a position as to give adequate warning of such work. The company shall be liable for any injury to person or persons or damage to property sustained through its carelessness or neglect, or through any failure or neglect to properly guard or give warning of any trenches, ditches or tunnels dug or maintained by the company.
(Res. 142-1980; Vol. II p. 729 §6, 1957).
10.15.080 Change in Pole Location.
The company shall also be required at the company’s own cost and expense, to make change or changes in the location of any particular pole or poles, conduits or appurtenances erected or constructed by the company as may be necessary for the convenience or safety of the public along Yakima County roads or when necessary in the public interest for the construction, repair, improvement, alteration or relocation of any Yakima County roads.
(Res. 142-1980; Vol. II p. 729 §7, 1957).