Unless preempted by state or federal law, in the event any street or right of way used by a permit holder is vacated by the City, the permit holder shall be permitted to continue its occupancy unless specifically directed by the City, for good cause, to relocate its facilities from the vacated area at its own expense. Upon the removal of the facilities from the vacated area, the permit holder shall restore, repair or reconstruct the area where the removal has occurred to a condition materially equivalent to that existing before the removal took place. No facilities shall be relocated without reasonable compensation for (a) the benefit of a third party unless that party is performing services in the vacated area on behalf of the City or installing facilities that will be owned by the City; (b) the benefit of a municipal utility providing the same service as and competing for customers with any permit holder or (c) a non-transportation related aesthetic improvement.
(Ord. 375-02. Passed 10-8-02.)