(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 pipelines 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 person, and to change the curb, sidewalks or 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 the city can demonstrate that there is limited space available for additional users, may limit new users, as allowed under state or federal law.
(C) If 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 previously authorized user of the public rights-of-way. If the city closes or abandons a public right-of-way that contains a portion of a person’s facilities, the city shall close or abandon such public right-of-way subject to the rights of the person.
(D) (1) If the city gives written notice, a person shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of person’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 person. For projects expected to take longer than 120 days to remove, change or relocate, the city will confer with person 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 person’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 person.
(2) If the person fails to relocate facilities in the time allowed by the city in this section, the person 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 City Engineer and a person 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 person may trim trees in or over the rights-of-way for the safe and reliable operation, use and maintenance of its facilities. All tree trimming shall be performed in accordance with standards promulgated by the city should the person, 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 person shall promptly reimburse the city for all costs incurred within 30 working days.
(F) Persons 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 48 hours. The expense of these temporary rearrangements shall be paid by the party or parties requesting and benefitting from the temporary rearrangements. A person may require prepayment or prior posting of a bond from the party requesting temporary move.
(1998 Code, § 106-177) (Ord. 99-51, passed 8-18-1999)