A. A telecommunications provider shall temporarily or permanently remove, relocate, change, or alter the position of any telecommunications facilities within the public ways whenever the transportation systems director has determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, alteration, repair or improvement of the public ways for purposes of public welfare, health or safety. Such relocation shall be performed at the cost and expense of the telecommunications provider.
B. When the transportation systems director orders relocations under this section, the telecommunications provider shall be given reasonable advance notice thereof, which period of time shall be no less than ninety (90) days except for emergency situations; provided, that if the transportation systems director discovers following such order any unidentified, nonpermitted or misplaced telecommunications facilities, such facilities shall be removed immediately. The actual number of days shall be specified by the transportation systems director in the relocation notice.
C. The telecommunications provider may, after receipt of said notice, submit to the city written alternatives to such relocation. The transportation systems director shall evaluate such alternatives and advise the telecommunications provider in writing if any one or more of the alternatives, including the amount of time required to safely complete such relocation, is suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities as stated in the city's order. If requested, the telecommunications provider shall submit additional information to assist the city in making such an evaluation. The city shall give each alternative proposed full and fair consideration, within a reasonable period of time, so as to allow the relocation work to be performed in a timely manner. In the event that the city ultimately determines that there is no other reasonable alternative, the telecommunications provider shall relocate its telecommunications facilities as otherwise provided in the order.
D. In the event that the city orders a telecommunications provider to relocate its telecommunications facilities for a project which is primarily for private benefit, the private party or parties causing the need for such project shall reimburse the telecommunications provider for the cost of relocation in the same proportion as their contribution to the cost of the project.
E. In the event of an unforeseen emergency which creates a threat to the public health, safety, or welfare, the city may require a telecommunications provider to relocate its telecommunications facilities at the telecommunications provider's own expense, any other portion of this section notwithstanding.
F. If payment of the costs of relocation is in dispute, the telecommunications provider shall still commence and complete the relocation as provided herein on a timely basis for Transportation/public works projects undertaken by the city. Telecommunications providers shall indemnify, hold harmless, and defend the city, its commission, officers, officials, employees, agents and representatives from any and all any damages, claims, liabilities, actions, causes of action, suits, costs, expenses and attorneys' fees for delay or delays on public improvement projects caused by the Telecommunications providers, or their contractors or subcontractors of any tier, to relocate the Telecommunications facilities in a timely manner, unless caused by:
1. Circumstances beyond a Telecommunications provider's control; or
2. The city's gross negligence or willful misconduct.
(Ord. 3317, 3-11-2024)