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(a) Permittee's Use of the Public Right-of-Ways. A Permittee's use of the Public Right-of-Ways to construct, install, and maintain a Surface-Mounted Facility shall be subordinate to any prior lawful occupancy and the continuing right of the City to use and occupy the Public Right-of-Ways, or any part thereof, exclusively or concurrently with any other Person or Persons, and further subject to the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, franchises and claims of title which may affect the Public Right-of-Ways.
(b) Removal or Relocation. When made necessary by any work to be performed under the governmental authority of the City (including but not limited to any lawful change of grade, alignment or width of any street, or construction of City facilities of any kind), or when necessary to protect the public health, safety or welfare, a Permittee shall at its own cost and expense temporarily or permanently remove, relocate, adjust, and/or support a Surface-Mounted Facility or any part thereof, to such other locations in the Public Right-of-Ways, in such manner as appropriate and as may be approved by the City in writing and in advance, or otherwise required by the City. The City may not unreasonably withhold its approval of any plan for removal, relocation, adjustment, and/or support of a Surface-Mounted Facility ordered pursuant to this Section. Such removal, relocation, adjustment, and/or support shall be completed within the time and manner prescribed by the City; however, where feasible the City may require the Permittee to fol/ow the procedures set forth in this Article 27 to obtain a new site for the Surface-Mounted Facility.
(c) Public Right-of-Ways Restoration. Whenever the Department requires a Permittee to remove, relocate, adjust, and/or support a Surface-Mounted Facility to ensure the public health, safety or welfare the Permittee shall, after such work is complete, at its own cost and expense, promptly restore the Public Right-of-Ways in accordance with Applicable Law. If a Permittee fails to restore the Public Right-of-Ways in accordance with Applicable Law, the Department shall have the option to perform or cause to be performed such restoration in such manner as the Director deems expedient and appropriate on behalf of the Permittee and charge the actual costs incurred including, but not limited to administrative costs, to the Permittee.
(d) City Costs Reimbursement. If a Permittee does not remove, relocate, adjust, and/or support a Surface-Mounted Facility in the manner and time prescribed by the Department, the Department shall take all reasonable, necessary, and appropriate action, including removing the Surface-Mounted Facility, and may charge the Permittee the reasonable costs actually incurred including, but not limited to, administrative costs. Upon the receipt of a demand for payment by the Department, the Permittee shall reimburse the City for any costs incurred by the Department to remove a Surface-Mounted Facility or to restore the Public Right-of-Ways or the costs may be deducted from the Permittee's deposit under Section 2725.
(Added by Ord. 76-14 , File No. 140319, App. 5/28/2014, Eff. 6/27/2014)