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3.16.063. Relocation of the system

            (1)        New grades or lines.  If the grades or lines of any rights-of-way are changed at any time in a manner affecting the system, then a provider shall comply with the requirements of the excavation ordinance.

            (2)        The City authority to move system in case of an emergency.  The City may, at any time, in case of fire, disaster, or other emergency, as determined by the City in its reasonable discretion, cut or move any parts of the system and appurtenances on, over, or under the rights-of-way of the City, in which event the City shall not be liable therefore to a provider.  The City shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this Section.  Notice shall be given as provided in Section 3.16.113.

            (3)        A provider required to temporarily move system for third party.  A provider shall, upon prior reasonable written notice by the City or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure.  A provider may impose a reasonable charge on any person other than the City for any such movement of its systems.

            (4)        Rights-of-way change - Obligation to move system.  When the City is changing a rights-of-way and makes a written request, a provider is required to move or remove its system from the rights-of-way, without cost to the City, to the extent provided in the excavation ordinance.  This obligation does not apply to systems originally located on private property pursuant to a private easement, which property was later incorporated into the rights-of-way, if that private easement grants a superior vested right.  This obligation exists whether or not the provider has obtained an excavation permit.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-62, Enacted, 10/16/1997
Ord. No. 00-39, Amended, 9/7/2000

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