Powers to be exercised without franchise - condition.

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(1) The board has authority, without the necessity of a franchise, to cut into or excavate and use any easements dedicated to a public use, or any public street, road, or highway pursuant to the construction, maintenance, or provision of any service authorized to be provided by the service authority.

  1. The legislative body or other authority having jurisdiction over any such public street, road, or highway has authority to make such reasonable rules as it deems necessary in regard to any such work or use, and may require the payment of such reasonable fees by the service authority as may be fixed by said body to insure proper restoration of such streets, roads, or highways.

  2. When any such fee is paid by the service authority, it shall be the responsibility ofthe legislative body or other authority to promptly restore such street, road, or highway. If such fee is not fixed or paid, the service authority shall promptly restore any such street, road, or highway to its former condition, as nearly as possible.

  3. In the course of such construction, the service authority shall not impair the normaluse of any street, road, or highway more than is reasonably necessary.

Source: L. 72: p. 466, § 1. C.R.S. 1963: § 89-25-16.


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