(A) A communications provider shall, at no cost to the city, temporarily or permanently remove, relocate, change, or alter the position of any facilities within the public rights-of-way, including relocation of aerial facilities underground, when requested to do so in writing by the city.
(B) Nothing in this section shall be deemed to preclude a communications provider from requesting reimbursement or compensation from a third party, pursuant to applicable laws, regulations, tariffs, or agreements; provided, that the communications provider shall timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation.
(C) The city shall provide at least 30 days’ written notice of the time by which the communications provider must remove, relocate, change, alter, or underground its facilities. The city may grant extensions upon the communications provider’s request. If a communications provider fails to remove, relocate, alter, or underground any facility as requested by the city and by the date established by the city, the communications provider shall pay all costs incurred by the city due to such failure, including, but not limited to, costs related to project delays. Upon such failure, the city may cause the facility to be removed, relocated, altered, or undergrounded at the communications provider’s sole expense, and shall use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations. Upon receipt of a detailed invoice from the city, the communications provider shall reimburse the city for the costs the city incurred within 30 days.
(Ord. 557-2019, passed 12-9-2020)