(A) A provider shall, at its own expense, permanently remove and relocate its facilities in the rights-of-way whenever the city finds it necessary to request such removal and relocation. In instances where the city requests removal and/or relocation, the city shall waive all applicable Right-of-Way Permit Fees. Upon removal and/or relocation, the provider shall restore the rights-of-way to a condition at least as good as its condition immediately prior to said removal or relocation. If existing poles are required to be removed and/or relocated, then the existing poles will be replaced with reasonably obtainable poles of the same or similar size unless otherwise permitted by the city. The Public Works Director may request relocation and/or removal in order to prevent unreasonable interference by the provider's facilities with:
(1) A public improvement undertaken or approved by the city or county;
(2) When the public health, safety, and welfare requires it, or when necessary to prevent interference with the safety and convenience of ordinary travel over the rights-of-way.
(B) Notwithstanding the foregoing, a provider who has facilities in the right of way subject to a vacation or narrowing that is not required for the purposes of the city, shall have a permanent easement in such vacated portion or excess portion in conformity with R.C. § 723.04.01.
(C) If, in the reasonable judgment of the city, a provider fails to commence the removal process and/or relocation of its facilities as designated by the city, within 30 days after the city's removal order is served upon provider, or if a provider fails to substantially complete such removal, including all associated repair of the rights-of-way of the city, within 90 days thereafter, then, to the extent consistent with applicable law, the city shall have the right to:
(1) Declare that all rights, title and interest to the facilities belong to the city with all rights of ownership, including, but not limited to, the right to connect and use the facilities or to effect a transfer of all right, title and interest in the facilities to another person for operation; or
(2) Authorize removal of the facilities installed by the provider in, on, over or under the rights-of-way of the city at provider's cost and expense, by another person, however the city shall have no liability for any damage caused by such action and the provider shall be liable to the city for all reasonable costs incurred by the city in such action; and
(3) To the extent consistent with applicable law, any portion of the provider's facilities in, on, over or under the rights-of-way of the city designated by the city for removal and not timely removed by tile provider shall belong to and become the property of the city without payment to the provider, and the provider shall execute and deliver such documents, as the city shall request, in form and substance acceptable to the city, to evidence such ownership by the city.
(Ord. 24-2004, passed 12-20-04; Am. Ord. 03-2019, passed 1-22-19)