(A) A right-of-way user who has determined to discontinue its operations in the city must either:
(1) Provide information satisfactory to the Director that the right-of way user’s obligations for its facilities in the right-of-way under this subchapter have been lawfully assumed by another right-of-way user; or
(2) Submit to the Director a proposal and instruments for transferring ownership of its facilities to the city. If a right-of-way user proceeds under this clause, the city may, at its option:
(a) Purchase the facilities; or
(b) Require the right-of-way user, at its own expense, to remove it; or
(c) Require the right-of-way user to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities.
(B) A right-of-way user shall notify the local government unit when facilities are to be abandoned. A right-of-way user that has abandoned facilities in a right-of-way shall remove them from that right-of-way during the next scheduled city excavation if required in conjunction with other right-of-way repair, excavation or construction, unless this requirement is waived by the city. However, if there is an over-riding public safety concern, as determined by the Director, the right-of-way user may be required to remove the abandoned facilities immediately.
(Ord. 732, passed 4-5-99)