(A) In the exercise of governmental functions, the city has first priority over all other uses of the public rights-of-way. The city reserves the right to lay sewer, gas, water and other pipe lines or cables and conduits, and to do underground and overhead work, and attachments, restructuring or changes in aerial facilities in, across, along, over or under a public street, alley or public rights-of-way occupied by a provider, and to change the curb, sidewalks or the grade of streets
(B) The city shall assign the location in or over the public rights-of-way among competing users of the public rights-of-way with due consideration to the public health and safety considerations of each user type, and to the extent there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(C) If, during the term of a municipal consent, the city authorizes abutting landowners to occupy space under the surface of any public street, alley or public rights-of-way, the grant to an abutting landowner shall be subject to the rights of the provider. If the city closes or abandons a public right-of-way that contains a portion of a provider’s facilities, the city shall close or abandon such public right-of-way subject to the rights conveyed in the municipal consent.
(D) (1) If the city gives written notice, a provider shall, at its own expense, temporarily or permanently, remove, relocate, change or alter the position of provider’s facilities that are in the public rights-of-way within 120 days, except in circumstances that require additional time as reasonably determined by the city based upon information provided by the provider for projects expected to take longer than 120 days to remove, change or relocate, the city will confer with provider before determining the alterations to be required and the timing thereof. The city shall give notice whenever the city has determined that removal, relocation, change or alteration is reasonably necessary for the construction, operation, repair, maintenance or installation of a city or other governmental public improvement in the public rights-of-way. This section shall not be construed to prevent a provider’s recovery of the cost of relocation or removal from private third parties who initiate the request for relocation or removal, nor shall it be required if improvements are solely for beautification purposes without prior joint deliberation and agreement with provider.
(2) If the provider fails to relocate facilities in the time allowed by the city in this section, the provider may be subject to liability to the city for such delay and as set forth in the city codes or ordinance, now or hereafter enacted.
(3) Notwithstanding anything in this division (D), the Public Works Director or his or her designee and a provider may agree in writing to different time frames than those provided above if circumstances reasonably warrant such a change.
(E) During the term of its municipal consent, a provider may trim trees in or over the public rights-of-way for the safe and reliable operation, use and maintenance of its network. All tree trimming shall be performed in accordance with standards promulgated by the city. Should the provider, its contractor or agent, fail to remove such trimmings within 24 hours, the city may remove the trimmings or have them removed, and upon receipt of a bill from the city, the provider shall promptly reimburse the city for all costs incurred within 30 working days.
(F) Providers shall temporarily remove, raise or lower its aerial facilities to permit the moving of houses or other bulky structures, if the city gives written notice of no less than three business days. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. The provider may require prepayment or prior posting of a bond from the party requesting temporary move.
(1998 Code, § 122-188) (Ord. 99-15, passed 4-7-1999)