§ 94.43 RIGHT-OF-WAY VACATION.
   (A)   If the city vacates a right-of-way which contains the facilities of a right-of-way user, and if the vacation does not require the relocation of right-of-way user’s or permittee’s facilities, the city shall, except when it would not be in the public interest, reserve to and for itself and all right-of-way users having facilities in the vacated right-of-way, the right to install, maintain and operate any facilities in the vacated right-of-way and to enter upon the right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
   (B)   If the vacation requires the relocation of right-of-way user or permittee's facilities; if the vacation proceedings are initiated by the right-of-way user or permittee, the right-of-way user or permittee must pay the relocation costs; if the vacation proceedings are initiated by the city, the right-of-way user or permittee must pay the relocation costs unless otherwise agreed to by the city and the right-of-way user or permittee; or if the vacation proceedings are initiated by a person or persons other than the right-of-way user or permittee, for a non-public project, such other person or persons must pay the relocation costs.
(Ord. 732, passed 4-5-99)