§ 32-7-116 — Powers to be exercised without franchise - condition

(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.

(2) 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
ensure proper restoration of such streets, roads, or highways.

(3) When any such fee is paid by the service authority, it shall be the
responsibility of the 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.

(4) In the course of such construction, the service authority shall not impair
the normal use of any street, road, or highway more than is reasonably necessary.

Legislative History

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