§ 8.42.420  RELOCATION.
   If, in the sole discretion of the City Engineer, subject to appeal to the Council pursuant to this chapter, the franchisee’s facilities conflict in any way with the construction, relocation or repair of any city facility or storm drain or sewer owned by the County of Orange, Orange County Flood Control District or Orange County Sanitation District, or any successor agency of any of these entities, the franchisee shall relocate its facility to the reasonably nearest alternative location or other location mutually agreeable to the city and the franchisee necessary to accommodate the relocation or repair of the storm drain, sewer or city facility, either permanently or temporarily, as is determined by the City Engineer to be required within the time required by the City Engineer. Such relocation shall be accomplished at the franchisee’s sole expense. If the franchisee fails to relocate its facility within the required time, or to pave, surface, grade repave, resurface or regrade, the city, to the extent permitted by and in compliance with applicable law, may cause the work to be done and shall keep an itemized account of the entire cost thereof, and the franchisee shall reimburse the city or other public entity for such cost within thirty (30) days after presentation to the franchisee of an itemized account of such costs. The franchisee shall hold harmless and indemnify the city, its officers and employees and other public agency, if any, from any liability which may arise or be claimed to arise from the moving, relocation, cutting, or alteration of any of the franchisee’s facilities, or the turning on or off of water, oil, or other liquid, gas, or electricity required to be accomplished by city or any other public agency as a result of the franchisee’s failure to relocate the facility by the date established by the city or other public agency. The franchisee shall also be liable for any consequential damages incurred by the city or other public agency arising from the franchisee’s failure to timely complete the work required by this chapter.
(Ord. 1152, passed 5-17-11)