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)