(a) If it is necessary for a public utility facility located along, under, upon, and/or across a City street, highway, or other public property to be relocated because of a City road project, street project, sidewalk project, trail project or other project, or any combination thereof (“Project”), the owner of the public utility facility shall relocate that facility in accordance with the following procedures:
(1) If a Project is subject to the oversight of the Indiana Department of Transportation ("INDOT") (an "INDOT Project"), the facility shall be relocated in accordance with INDOT regulations found at 105 IAC 13. Any relocation work plan agreed to by the owner of a public utility facility for an INDOT Project must, to the extent possible, comply with Chapter 6, Article 9, § 6-245 of the Carmel City Code, which establishes an Underground and Buried Utilities District within the City in accordance with I.C., §§8-1-32.3-15 and 8-1-2101. The City may, in coordination with INDOT and the owner of a public utility facility, recommend a place for the relocation of a public utility facility. To the extent the owner of a public utility facility is not reimbursed by INDOT for the costs of relocating a public utility facility for an INDOT Project, the City shall not be liable for any relocation costs, unless the City agrees otherwise.
(2) If a Project is not subject to the oversight of INDOT (a "City Project"), the owner of the public utility facility shall relocate that facility at a time, place and manner (including above or underground) as determined by the City ("Relocation Determination"). The City, in making a Relocation Determination, shall consider the following: safety requirements; engineering and construction standards; the legality and feasibility of the new location; less costly alternatives that comply with the City's laws, rules and standards; and factors that may prevent utilities from relocating their facilities such as weather and availability of materials. The cost for relocation of a public utility facility due to a City Project shall be borne by the owner of the public utility facility, unless the City agrees otherwise. An owner of a public utility facility may seek a waiver of a Relocation Determination by providing a written waiver request to the City's Board of Public Works ("BPW") within thirty (30) calendar days of the Relocation Determination. BPW shall respond to a waiver request within thirty (30) calendar days of receipt of the waiver request. To the extent a City Project involves relocation of a public utility facility within the City's Underground and Buried Utilities District pursuant to Chapter 6, Article 9, § 6-245 ("§ 6-245"), such relocation shall comply with the requirements of § 6-245.
(b) If a public utility facility owner fails to relocate its facility as directed by the City pursuant to subsection (a)(2) hereinabove, the City shall have the right to relocate that facility. If the City exercises its right to relocate the facility, the owner of the facility shall reimburse the City for the cost of such relocation within thirty (30) calendar days from the date of the owner's receipt of the City's notice of the cost of relocation. If the owner fails to fully and timely reimburse the City for these relocation costs, the City shall have the right to collect these costs by exercising any available legal remedy, including, but not limited to, obtaining a money judgment for the costs incurred by the City in relocating the facility.
(c) Any owner of a public utility facility that fails to relocate that facility in accordance with a Relocation Determination made by the City pursuant to subsection (a)(2) hereinabove shall be subject to a fine in the amount of $100 per day starting on the first day after the time period specified in a Relocation Determination or other time period agreed to by the City if a waiver has been granted in addition to any amounts owed to the City pursuant to subsection (b) hereinabove.
(Ord. D-2368-17, § 2, 6-19-17; Ord. D-2491-19, 10-21-19)