(a) If at any time the City requests the Permittee to relocate is Facilities, in order to allow the City to make any public use of rights of way, or if at any time it shall become necessary because of a change in the grade or for any other purpose by reason of the improving, repairing, constructing, or maintaining of any rights of way, or reason of traffic conditions, public safety or by reason of installation of any type of structure of public improvement the City or other public agency or special district, and any general program for the undergrounding of such facilities, to move or change the Permittee's Facilities within or adjacent to rights of way in any manner, either temporarily or permanently, the City shall notify the Permittee, at least 90 days in advance, except in he case of emergencies, of the City’s intention to perform or have such Work performed. The Permittee shall thereupon, at no cost to the City, accomplish the necessary relocation, removal or change within a reasonable time from the date of the notification, but in no event later than three working days prior to the date the City intends to commence its Work or immediately in the case of emergencies.
(b) Upon the Permittee's failure to accomplish such Work, the City or other public agencies or special district may perform such Work at the Permittee's expense and the Permittee shall reimburse the City or other agency within 30 days after receipt of a written invoice. Following relocation, all affected property shall be restored to, the condition which existed prior to construction the Permittee at the Permittee's expense.
(c) Notwithstanding the requirements of this Section, a Permittee may request additional time to complete a relocation project. The Service Director shall grant a reasonable extension if in his sole discretion, the extension will not adversely affect the City’s project.
(Ord. 14-2002. Passed 1-8-02.)