§ 98.122  REMOVAL, RELOCATION OR MODIFICATIONS OF UTILITY FACILITIES.
   (A)   Notice. Within 90 days following written notice from the city, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way.
   (B)   Removal of unauthorized facilities.
      (1)   Within 30 days following written notice from the city, any utility that owns, controls or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way and restore the rights-of-way accordingly.
      (2)   A facility is unauthorized and subject to removal in the following circumstances:
         (a)   Upon expiration or termination of the permittee’s license or franchise, unless otherwise permitted by applicable law;
         (b)   If the facility was constructed or installed without the prior grant of a license or franchise, if required;
         (c)   If the facility was constructed or installed without prior issuance of a required permit in violation of this subchapter; or
         (d)   If the facility was constructed or installed at a location not permitted by the permittee’s license or franchise.
   (C)   Emergency removal or relocation of facilities.
      (1)   The city retains the right and privilege to cut or move any facilities located within the rights-of-way of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
      (2)   If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility.
      (3)   All costs associated with reconnection or relocation of the cut or moved utility will be borne by the utility and not the city.
   (D)   Abandonment of facilities.
      (1)   Upon abandonment of a facility within the rights-of-way of the city, the utility shall notify the city within 90 days.
      (2)   Following receipt of such notice the city may direct the utility to remove all or any portion of the facility and restore the area accordingly if the Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare.
      (3)   In the event that the city does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the city, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person.
   (E)   Closing or vacation of a public right-of-way.
      (1)   In the event that all or part of a public right-of-way is:
         (a)   Closed to utilities; or
         (b)   Vacated, or if ownership of the land under the affected public right-of-way is otherwise transferred to a party other than the city, a utility must remove its facilities from the public right-of-way at its own cost and expense.
      (2)   If a closing, vacation or transfer of a public right-of-way is undertaken for the benefit of any private person, the city may condition its consent to such closing, vacation or transfer of the public right-of-way on the agreement of the private person to:
         (a)   Grant all utilities having facilities in the public right-of-way the right to continue to occupy and use such public right-of-way; or
         (b)   Reimburse the utilities for their reasonable costs to relocate their facilities.
      (3)   The city shall provide not less than 90 days prior notice to a utility of any such closing, vacation or transfer to allow the utility to remove its facilities and restore where the right to continue to occupy and use such public right-of-way is not reserved for the utility.
(Prior Code, § 37-107)  (Ord. 07-37, passed 10-15-2007; Ord. 08-29, passed 10-20-2008)