(A) If the municipality vacates a right of way which contains the equipment of a provider, and if the vacation does not require the relocation of the provider’s equipment, the municipality shall reserve, to and for itself and all providers having equipment in the vacated right of way, the right to install, maintain and operate any equipment in the vacated right of way and to enter upon such right of way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
(B) If the vacation requires the relocation of the provider’s equipment; and:
(1) If the vacation proceedings are initiated by the provider, the provider must pay the relocation costs; or
(2) If the vacation proceedings are initiated by the municipality, the provider must pay the relocation costs unless otherwise agreed to by the municipality and the provider; or
(3) If the vacation proceedings are initiated by a person or persons other than the provider, such other person or persons must pay the relocation costs.
(Ord. 2000-06, passed 7-6-00)