5140 ARTICLE 23.

authorities; provided that whenever any highway is disturbed, said high-
way shall be repaired and left by said authorities in the same or a not
inferior condition to that existing before entry, and that all costs incident
thereto shall be borne by said authorities.

1929, oh. 27, sec. 12.

377. All individuals, firms and corporations having buildings, con-
duits, pipes, tracks or other physical obstructions in, over or under the
public road, streets, or alleys of the county or municipality which shall
block or impede the progress of the municipal water supply system while
in process of construction, establishment, alteration or repair, shall upon
reasonable notice from the authorities of said municipality promptly so
shift, adjust, accommodate or remove the same at their own cost and
expense, as to fully meet exigencies occasioning such notice; and should
the exigencies of any case involve the taking in a constitutional sense of
the franchise or right, in the exercise of which such obstruction had its
origin the municipality shall be empowered to condemn an easement in
said franchise or right. Any individual, firm or corporation before laying
any pipe or conduit under the public highways in any municipality, shall
present to the proper municipal authorities adequate plans showing the
size, type and location of any pipe or conduit to be laid, and shall not lay
any such pipe or conduit until said plans have been approved and a permit
issued by said authorities. Any such pipe or conduit shall be laid in ac-
cordance with the approved plan. Any proposed deviation from said plans
shall be subject to the approval of said authorities. In case any new pipe
or conduit is laid without the receipt of a permit or not in accordance
with the approved plan, or any approved deviation therefrom, the indi-
vidual, firm or corporation so laying said pipe or conduit shall, upon notice
from said authorities, remove it or readjust it to the satisfaction of said
authorities, but any conduits or pipes laid by individuals, firms or cor-
porations, in accordance with approved plans and the terms of permits
given under this section, if they interfere with the construction of water
mains installed by said authorities, shall be removed or readjusted by said
authorities without cost to said individuals, firms or corporations.

1929, oh. 27, sec. 13.

378. Said authorities shall be empowered and authorized to establish
and enforce compliance with such establishment, street lines and grades
wherever they may deem it necessary or expedient so to do for the proper
construction, establishment or extension of a water supply system under
their control; or street lines and grades established by individuals, firms
or corporations shall be approved by said authorities wherever they deem
it nesessary for the proper construction, establishment or extension of a
water supply system at the time of such establishment, or at a future time;
and if any street lines or grades are established by individuals, firms or
corporations without such approval, said authorities may refuse to give
water service to the properties abutting on streets the lines and grades of
which have been so established.