(A) In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, water, and other pipelines or cables and conduits, and to do underground and overhead work, and attachments, restructuring, or changes in aerial facilities in, across, along, over, or under a public street, alley, or public rights-of-way occupied by an agency, network provider, or public infrastructure contractor, and to change the curb, sidewalks, or the grade of streets.
(B) The agency, network provider, or public infrastructure contractor must relocate its facilities at its own expense in a timely manner and prior to the start of construction of a city project. Failure to comply with this provision shall subject the agency, network provider, or public infrastructure contractor to the enforcement provisions contained herein.
(C) A permit will be required when making facility adjustments in preparation for city projects, unless the adjustments are exempt under § 96.09(B).
(D) If the agency, network provider or public infrastructure contractor fails to remove or relocate its facilities as requested within 90 calendar days of receipt of the request, then the city shall be entitled to remove the facilities at the sole cost and expense of the agency, network provider, or infrastructure contractor without further notice. Agency or network provider shall, within 30 calendar days following issuance of invoice for the same, reimburse the city for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the facilities. A hold may be placed on any permits not approved until payment is received.
(E) The duty to remove and relocate at the agency, network provider, or public infrastructure contractor's expense is not contingent on the availability of an alternative location acceptable for relocation.
(Ord. O-23-978, passed 7-17-2023)