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17.01.110. Relocation

            (1)        If during the term of the Franchise, the City, a publicly owned utility, a public water district, a public sanitation district, a public drainage district, or any other similar special public district elects to alter, repair, realign, abandon, improve, vacate, reroute, or change the grade of any street or to replace, repair, install, maintain, or otherwise alter any above ground or underground cable, wire, conduit, pipe, line, pole, wire-holding structure, structure, or other facility utilized for the provision of utility or other services or transportation of draining, sewage, or other liquids, the Grantee, shall, except as provided in Subsection (2) below or as otherwise provided by law or by agreement with such publicly owned utility, public water district, public sanitation district, public drainage district, or any other similar special public district, shall, at its sole expense, remove or relocate as necessary its poles, wires, cables, underground conduits, manholes, and any other facilities which it has installed.

            (2)        If such removal or relocation is required within the subdivision in which all utility lines, including those for the Cable Television System were installed at the same time, the entities may decide among themselves who is to bear the cost of relocation; provided that the City shall not be liable to a Grantee for such costs.  Regardless of who bears the costs, Grantee shall take action to remove or relocate upon reasonable notice at such time or times as are directed by the agency or company undertaking the work.  Reasonable advance written notice of not less than sixty (60) days shall be mailed to the Grantee advising the Grantee of the date or dates removal or relocation is to be undertaken.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-62, Enacted, 12/16/1999

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