(a) Relocation of Facilities.
(1) A provider shall as promptly as reasonably possible and at its own expense, permanently remove and relocate its facilities in the rights-of-way whenever the City finds it necessary to request such removal and relocation. In instances where the City requests removal and/or relocation, the City shall waive all applicable right-of-way permit fees. Upon removal and/or relocation, the provider shall restore the rights-of-way to the same or better condition it was in prior to said removal or relocation. If existing poles are required to be removed and/or relocated, then the existing poles will be replaced with poles of the same or similar size. In accordance with law, the City Manager may request relocation and/or removal in order to prevent unreasonable interference by the provider's facilities with:
A. A public improvement undertaken or approved by the City.
B. When the public health, safety, and welfare requires it, or when necessary to prevent interference with the safety and convenience of ordinary travel over the rights-of-way.
C. The sale, conveyance, vacation, or narrowing of all or any part of a right- of-way.
(2) If, in the reasonable judgment of the City, a provider fails to commence removal and/or relocation of its facilities as designated by the City, within thirty days after the City's removal order, or if a provider fails to substantially complete such removal, including all associated repair of the rights-of-way of the City, within twelve months thereafter, then, to the extent not inconsistent with applicable law, the City shall have the right to:
A. Declare that all rights, title and interest to the facilities belong to the City with all rights of ownership, including, but not limited to, the right to connect and use the facilities or to effect a transfer of all right, title and interest in the facilities to another person for operation;
B. Authorize removal of the facilities installed by the provider in, on, over or under the rights-of-way of the City at provider's cost and expense, by another person; however, the City shall have no liability for any damage caused by such action and the provider shall be liable to the City for all reasonable costs incurred by the City in such action; and
C. To the extent consistent with applicable law, any portion of the provider's facilities in, on, over or under the rights-of-way of the City designated by the City for removal and not timely removed by the provider shall belong to and become the property of the City without payment to the provider, and the provider shall execute and deliver such documents, as the City shall request, in form and substance acceptable to the City, to evidence such ownership by the City.
(b) Damage to Other Facilities.
(1) In the case of an emergency, and if possible after reasonable efforts to contact the provider seeking a timely response, when the City performs work in the rights-of-way and finds it necessary to maintain, support, or move a provider's facilities to protect those facilities, the costs associated therewith will be billed to that provider and shall be paid within thirty days from the date of billing. Upon failure to pay, the City may pursue all legal and equitable remedies in the event a provider does not pay or the City may call upon any bond or letter of credit posted by the permittee and pursue any and all legal or equitable remedies. Each provider shall be responsible for the cost of repairing any damage to the facilities of another provider caused during the City's response to an emergency occasioned by that provider's facilities.
(2) Each provider shall be responsible for the cost of repairing any City-owned facilities in the rights-of-way which the provider or its facilities damage.
(c) Rights-of-Wav Vacation.
(1) If the City sells or otherwise transfers a right-of-way which contains the facilities of a provider, such sale or transfer shall be subject to any existing easements of record and any easements granted pursuant to Section 907.20.
(2) If the sale or transfer requires the relocation of the provider's facilities:
A. If the sale or transfer is for the primary benefit of the provider, the provider must pay the relocation costs;
B. If the sale or transfer is for the primary benefit of the City, the provider or permittee must pay the relocation costs unless otherwise agreed to by the City, the provider or permittee; or
C. If the sale or transfer is for the primary benefit of a person other than the provider or the City, such person must pay the relocation costs unless otherwise agreed to by the City, the provider or permittee.
(Ord. A-2853. Passed 4-11-16; Ord. A-2963. Passed 4-22-19.)