(A) If a registration is not renewed, and subject to 60 calendar days notification to the agency, all facilities owned by the agency within the city will be deemed to have been abandoned and shall become the property of the city. The city has appropriated $0 to pay for the cost of any removal or storage of facilities placed in the right-of-way, as authorized under this chapter, and no other funds are allocated.
(B) Any agency or network provider that intends to discontinue use of any facilities within the public rights-of-way shall notify the City Engineer in writing of the intent to discontinue use. Such notice shall describe the facilities for which the use is to be discontinued, including the address and GPS coordinates of any pole, a date of discontinuance of use, which date shall not be less than 30 calendar days from the date such notice is submitted to the City Engineer. Upon receipt of notice of discontinuance of use, the city shall have a right of first refusal to acquire agency's or network provider's facilities with the cost for such facilities to be negotiated by the city and the agency or network provider.
(C) Agency or network provider shall, at its sole cost and expense, promptly disconnect, remove or relocate its facilities if ordered to do so by the city pursuant to this chapter. Agency or network provider shall reimburse city for the city's actual costs of removal of facilities if agency or network provider fails to promptly disconnect, remove and relocate its facilities. Payment must be made within 30 calendar days from receipt of an invoice for the actual costs from the city.
(D) The city shall not issue any refunds for any amounts paid by agency, network provider or infrastructure contractor for facilities or related ground equipment that have been removed.
(Ord. O-23-978, passed 7-17-2023)