(A) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the franchise if and when such removal or relocation is made necessary by any project. For purposes of this section, the word
PROJECT means any lawful change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the city may initiate, either by or through itself or any redevelopment agency, community facility district, assessment district, area of benefit, reimbursement agreement or generally applicable impact fee program. This section shall not apply to any assessment district for the undergrounding of aerial facilities on residential collector streets..
(B) In the event that such removal or relocation is required, grantee shall commence physical field work on the removal or relocation on or before 120 days after written notice of such requirement is provided by the City Manager. If, despite its reasonable efforts, grantee is unable to commence removal or relocation within such period, grantee shall provide the City Manager with written notice explaining in detail the reason(s) for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee shall diligently proceed and promptly complete all such removal or relocation after it is commenced.
(Ord. 4315, passed 11-12-96)