If all or a portion of the public ROW used by the grantee is vacated by the city during the term, the city shall either condition the approval of the vacation on the reservation of an easement for grantee facilities in their then-current location that prohibits any use of the vacated property that interferes with the grantee’s full enjoyment and use of its easement, or permit grantee facilities to remain in a PUE. If neither of these options is reasonably possible, the grantee shall, after notice from the city and without expense to the city, remove grantee facilities from such vacated public ROW, restore, repair or reconstruct the public ROW where such removal has occurred, and place the public ROW in good order and condition as may be required by the city. In the event of failure, neglect or refusal of the grantee, after providing the grantee with 90 days prior written notice, to repair, restore, or reconstruct such public ROW, the city may complete such work or cause it to be completed by a qualified contractor in accordance with applicable state and federal safety laws and regulations, and the cost thereof shall be born by the grantee. Upon request, the city will cooperate with the grantee to identify alternative locations within the public ROW for the grantee facilities if they are not permitted to remain in the vacated area.
(Ord. 2010-03-01, passed 3-10-2010; Ord. 2010-04-01, passed 5-13-2010)