A. At the expiration, revocation or termination of the franchise or upon the permanent discontinuance of the use of all or a portion of its facilities, the franchisee shall, within thirty (30) days thereafter, make written application to the City Engineer for authority, as determined by the franchisee, either: (1) to abandon all or a portion of such facilities in place; or (2) to remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned or removed by reference to the map or maps required by § 8.42.390 of this chapter, and shall also describe with reasonable accuracy the physical condition of such facilities.
B. The City Engineer shall determine whether the abandonment or removal which is thereby proposed may be effected without detriment to the public interest and under what conditions such proposed abandonment or removal may be safely effected. The City Engineer shall then notify the franchisee of his or her determination. The franchisee shall pay to the city the cost of all tests required to determine whether the facilities shall be abandoned or removed.
C. Within thirty (30) days after receipt of such notice, the franchisee shall apply for a permit from the Department to abandon or remove all or a portion of the facilities and shall pay all fees and costs related thereto. Such permit shall contain such conditions of abandonment or removal as may be prescribed by the City Engineer and these conditions shall be fully complied with to the satisfaction of the City Engineer.
D. The franchisee shall, within ninety (90) days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the permit.
E. If the franchisee applies for authority to abandon all or a portion of its facilities in place, and the City Engineer determines that abandonment in place of all or part of the facilities may be effected without detriment to the public interest, the franchisee shall pay to the city a fee which shall be computed as follows:
Pipelines with an Internal Diameter of | Amount per Lineal Foot |
0 - 12 inches | $15.00 |
14 - 18 inches | $22.00 |
20 - 30 inches | $28.00 |
F. Facilities abandoned in place shall be subject to the condition that if, at any time after the effective date of the abandonment, the City Engineer determines that the facility may interfere with any public project, franchisee or its successor in interest must remove the facility at its expense when requested to do so by the city or pay city for the cost of such removal. If the franchisee removes the facility or any part thereof, then the city shall refund to the franchisee its reasonable costs of removal, not to exceed the abandonment fee, or proportionate portion thereof if not all of the facilities are removed, that the franchisee paid pursuant to subparagraph E. of this section. If the city removes the facility, the franchisee shall promptly reimburse the city for its costs of removal, as specified in subparagraph H. of this section.
G. If any facilities to be abandoned “in place” subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the City Engineer may make additional appropriate orders, including an order that the franchisee shall remove any or all such facilities. The franchisee shall comply with such additional orders.
H. In the event that the franchisee shall fail to comply with the terms and conditions of abandonment or removal as may be required by this chapter and within such time as may be prescribed by the City Engineer, then the city may remove or cause to be removed such facilities at the franchisee’s expense. The franchisee shall pay to the city the cost of such work plus the current rate of overhead being charged by the city for reimbursable work, less the abandonment fee, or portion thereof if less than all of the facilities are removed, that the franchisee paid pursuant to subparagraph E. of this section.
I. If, at the expiration, revocation or termination of a franchise, or of the permanent discontinuance of the use of all or a portion of its facilities, the franchisee shall, within sixty (60) days thereafter, fail or refuse to make written application for abandonment in place or removal, the City Council shall make the determination as to whether the facilities shall be abandoned in place or removed. The City Engineer shall then notify the franchisee of the City Council’s determination. The franchisee shall thereafter comply with the provisions of subparagraphs C., D. and E. of this section, if the Council approves abandonment of the facilities. Thereafter, the franchisee shall continue to be subject to all provisions of this section.
(Ord. 1152, passed 5-17-11)