9-14-10: RELOCATION OF FACILITIES:
Grantor shall notify Grantee of any intended or expected requirement or request to relocate Grantee's facilities, within Grantor's existing roads, rights of way or other property, as early as practicable, but not later than one hundred twenty (120) days prior to any such relocation when the requirement or request could have been foreseen by that date. Grantor shall endeavor to cause any such relocation to be consistent with any applicable long-term development plan or projection of Grantor or approved by Grantor. If, at any time the Grantor shall cause or require the alteration or the improvement (the "improvement") of any road, highway or right-of-way wherein grantee maintains facilities subject to this franchise by grading or regrading, planking or paving the same, changing the grade, altering, changing, repairing or relocating the same or by constructing drainage or sanitary sewer facilities, the Grantee upon written notice from the Grantor shall, with all convenient speed, change the location or readjust the elevation of its system and other facilities so that the same shall not interfere with such work and so that such equipment and facilities shall conform to such new grades or routes as may be established. The relocation of Grantee's facilities, within Grantor's existing roads, rights of way or other property, shall be at the sole expense of Grantee unless: (i) the improvement was not paid for solely public funds, in which case the Grantor agrees to make reasonable efforts to facilitate an agreement between the adjoining property owners or developers to pay for the costs of relocation; or (ii) Grantor has failed to provide the required advance notice in which case any and all excess costs caused by the failure to provide such notice shall be paid by Grantor. (Ord. 808, 11-9-2021)