(A) A provider shall, at no cost to the city, temporarily or permanently remove, relocate, change or alter the position of any facilities within the public rights-of-way, including relocation of aerial facilities underground, when requested to do so in writing by the city.
(B) Nothing in this section shall be deemed to preclude a provider from requesting reimbursement or compensation from a third-party, pursuant to applicable laws, regulations, tariffs or agreements, provided that the provider shall timely comply with the requirements of this section regardless of whether or not it has requested or received such reimbursement or compensation.
(C) The city shall provide at least 30 days’ written notice of the time by which the provider must remove, relocate, change, alter or underground its facilities. The city may grant extensions upon the provider’s request. If a provider fails to remove, relocate, alter or underground any facility as requested by the city and by the date established by the city, the provider shall pay all costs incurred by the city due to such failure, including, but not limited to, costs related to project delays. Upon such failure, the city may cause the facility to be removed, relocated, altered or undergrounded at the provider’s sole expense and shall use qualified personnel or contractors consistent with applicable state and federal safety laws and regulations. Upon receipt of a detailed invoice from the city, the provider shall reimburse the city for the costs the city incurred within 30 days.
(Ord. 1326, passed 4-3-2017) Penalty, see § 91.999