Utilities generally are discussed elsewhere in this work. However, as to county roads public utility companies generally have the right to lay their lines on or across the public right-of-ways and their relocation necessitated by road improvement must be made at their own expense unless the line was previously located in a private easement later acquired by the county. Also, generally speaking, the utility must notify the commissioner’s court of its intention to place a line within a county road right-of-way and the court has the authority to designate its placement. In any event, the placement of utility lines either on, over, or under a public road right-of-way may not interfere with the public’s use of that property for road purposes.

Authorization for this installation is also based on adhering to the policies stated in the Denton County Subdivision Rules and Regulations, “Utility Installation Specifications” and also as outlined below:

1. Traffic control devices i.e., signs, cones, etc. must be used when work is being performed in the county right-of-way.

2. All utility lines shall be installed as near as practical to the outside limits of the County road right-of-way. This is also to include above ground installation and the setting of utility poles. No ditching machinery shall be operated upon the crown of any roadway unless specifically permitted.

3. All utility lines shall be buried at a depth of not less than forty-two (42) inches at top of conduit below the existing grade line of the area of installation.

4. All utility lines crossing a county road shall be bored and encased in minimum schedule 40 steel casing. Open cut trenches will only be permitted on a case-to-case basis. If an open cut is permitted, the utility line shall be encased in minimum schedule 40 steel casing. All boring shall be inspected by the Quality Control Division prior to being back filled/covered.

5. At all points where excavations and boring are made in public right-of-way, the applicant will replace and recompact the subgrade and will restore the road way section to the same or better condition as existed prior to the excavation and bore.

6. The applicant will remove and relocate its utility lines should it become necessary in order to accommodate widening, realigning, and/or improving County roads at no cost to Denton County.

7. The applicant shall, from the commencement of the installation of utility lines and thereafter for a period of twelve (12) months from the date the installation is completed and accepted, assume all responsibility for damages resulting to the landowner to any other person caused by the installation of the utility lines and shall not hold Denton County harmless from any obligation or claim or damages that may be alleged or result from such utility construction or operation. Applicant agrees to indemnify Denton County for any costs or expenses including but not limited to reasonable attorney’s fees, which Denton County may be legally required to pay, resulting from damages caused by the installation. The indemnity by the applicant shall cover claims occurring during the twelve (12) month period. The applicant shall also reimburse Denton County for its costs and expenses in repairing a cut bore during the twelve (12) month period, when the applicant cannot repair same, and, in the judgement of the Commissioner of the Precinct wherein the road is located, the cut or bore must be immediately repaired, or when the applicant has been requested to repair same and either refuses or fails to repair same within three days from the date of the requested repair.

8. A copy of the applicant’s Letter of Approval must be on location at each job site at all times.

9. Before commencing any work on County roads or County right-of-way under the authority of this Letter of Approval or by any other claimed authority (including such work as trimming and/or cutting trees, and/or right-of-way, etc.), the applicant Company shall notify the Public Works - Engineering of the approximate time that work will commence, which notice shall be at least forty-eight (48) hours prior to commencing said work.

10. Should Commissioners Court find it necessary to employ an inspector or inspectors to enforce these provisions, a charge will be made by the county to the applicant to pay the costs of, or a portion of the costs of, employing said inspector or inspectors.