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9-1-5-12: CITY'S RIGHTS:
   A.   When city uses its prior superior right to the rights of way and public ways, grantee shall move its property that is located in the rights of way and public ways, at its own cost, to such a location as city directs. Notwithstanding the foregoing, in the event the public project is paid for totally or in part by nonpublic funds, then grantee's costs of moving its property shall be borne by the source of the nonpublic funds in the same ratio as the nonpublic funds bear to the total project costs.
   B.   Nothing in this franchise shall be construed to prevent city from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any right of way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-5-13: FACILITIES IN CONFLICT:
If, during the course of a project, city determines grantee's facilities are in conflict, the following shall apply:
   A.   Prior To City Notice To Proceed To Contractor: Grantee shall, within a reasonable time, but in no event exceeding three (3) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by grantee of written notice from city. However, if both city and grantee agree, the time frame may be extended based on the requirements of the project.
   B.   Subsequent To City Notice To Proceed To Contractor: City and grantee will immediately begin the coordination necessary to remove or relocate the facility. Removal or relocation is to begin no later than seventy two (72) hours, if practicable, after written notification from city of the conflict. (Ord. 827, 8-5-2002, eff. 8-26-2002)
9-1-5-14: RELOCATION DELAYS:
   A.   Subject to grantee's compliance with section 9-1-5-13 of this chapter, if grantee's relocation effort so delays construction of a public project causing city to be liable for delay damages, grantee shall reimburse city for those damages attributable to the delay created by grantee. In the event grantee should dispute the amount of damages attributable to grantee, the matter shall be referred to the city engineer for a decision. In the event that grantee disagrees with the city engineer's decision, the matter shall be submitted to the city manager or the city manager's designee for determination, whose decision shall be final and binding upon grantee as a matter of city review, but nothing herein waives any right of appeal to the courts.
   B.   In the event city becomes aware of a potential delay involving grantee's facilities, city shall promptly notify grantee of this potential delay. (Ord. 827, 8-5-2002, eff. 8-26-2002)
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