711.12 MOVEMENT, RELOCATION AND REMOVAL.

   Holders of Use Permits may be required by the Municipality to:

   (a)    Temporarily move or relocate facilities at Permittees cost to allow construction, repair or maintenance of public infrastructure.

   (b)    Permanently move or relocate infrastructure at Permittee’s cost to permit changes, reconstruction or relocation of public infrastructure.

   (c)    Move or relocate facilities to accommodate another private Permittee, in which case recovery of costs incurred is permitted.

   (d)    In those instances when a Right-of-Way is vacated, Municipality will make every effort to maintain an easement for its own use and that of Permittees, but makes no guarantee that such accommodation can or will be made. In the event of vacation without retained use through an easement, Permittees will be required to abandon, remove and/or relocate their infrastructure at their own cost. Nothing in this subsection shall be construed as abridging the rights of a Public Utility to an easement or any other remedy as provided by law in the event Right-of-Way is vacated.

   (e)    In those instances when Permittee decides at its own initiative to abandon or cease use of some or all of its infrastructure, subject to the rights of security holders, Then the Municipality shall have the option of deciding whether to permit abandonment in place, in which case the Municipality may take over use of the facility, or require its timely removal. (Ord. 5-2003. Passed 3-13-03.)