A. Within thirty (30) days following written notice from the City, a registrant shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the City Administrator shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
1. The construction, repair, maintenance or installation by the City or other governmental entity of any public improvement in or upon the public ways.
2. The operations of the City or other governmental entity in or upon the public ways.
3. The vacation of a public street or the release of a utility easement.
B. Provided the City has complied with the One Call Notification System Act the City shall not be liable for any damage to or loss of any telecommunications facility within the public ways as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling or work of any kind in the public ways by or on behalf of the City unless directly or proximately caused by the willful, intentional or malicious acts of the City.