§ 154.308 RELOCATION OF EQUIPMENT.
   (A)   A provider must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its equipment and facilities in the right of way whenever the Municipal Manager requests such removal and relocation, and shall restore the right of way to the same condition it was in prior to said removal or relocation. The Municipal Manager may make such request to prevent interference by the provider’s equipment or facilities with:
      (1)   A present or future municipality use of the right of way,
      (2)   A public improvement undertaken by the municipality,
      (3)   An economic development project in which the municipality has an interest or investment,
      (4)   When the public health, safety and welfare require it, or
      (5)   When necessary to prevent interference with the safety and convenience of ordinary travel over the right of way.
   (B)   Notwithstanding the foregoing, a provider shall not be required to remove or relocate its equipment from any right of way which has been vacated in favor of a non-municipality entity unless and until the reasonable costs thereof are first paid to the provider therefor.
(Ord. 2000-06, passed 7-6-00)