(A) If any of the facilities erected, constructed installed or maintained by the grantee pursuant to a franchise on, along, upon, over, in, under or across any street are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the street, the grantee shall relocate permanently or temporarily any such facility at no expense to the city, or other public entity upon receipt of a written request from the Director of Public Works to do so and shall commence such work on or before the date specified in such written request, which date shall be not less than 30 days from receipt of such written request, and thereafter diligently prosecute such work to completion; provided, however, if such city street be subsequently constituted a state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.
('64 Code, § 10-33)
(B) As to franchises for spur, team or drill tracks, division (A) of this section:
(1) Does not apply to a separation of grades between a highway and a railroad track.
(2) In all other cases, is subject to the provisions of § 114.069.
('64 Code, § 10-34)
(C) Liability for the relocation of facilities necessitated by change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of freeways, may be determined separately in each individual franchise but if not so determined, shall be governed by the provisions of this chapter.
('64 Code, § 10-35)
(Ord. 168, passed 2-9-61)