(a) Prior to abandoning any underground facilities (including pipes, conduits, or manholes) that are solely owned and exclusively used by the Permittee, the Permittee shall either remove and repair, or shall otherwise sufficiently fill, such facilities so as to prevent their collapse.
(b) Voluntary Abandonment. In the event any Permittee intends to remove facilities, excluding normal repairs and maintenance, or abandon any facilities within the Rights-of-Way, such Permittee shall submit a notice to the City Manager describing the portion of the facilities to be removed or abandoned and the date of removal or abandonment, which date shall not be less than thirty days from the date such notice is submitted to the City Manager. The Permittee may not remove, destroy or permanently disable any such facilities after such notice without the written approval of the City Manager. The Permittee shall remove and secure such facilities as set forth in the notice unless directed by the City Manager to abandon such facilities in place.
(c) Determination of Abandonment. The City Manager may administratively determine that facilities, structures, or equipment are unused, and upon such determination, shall cause to be issued written notice to the Permittee of record. If the Permittee of record does not notify the City Manager that the facility, structure, or equipment is being used within a period of 365 days of the day the City Manager issues such notice, the facility, structure, or equipment shall be deemed abandoned and may be removed by the City. If the Permittee provided a bond or other insurance the City may proceed to recover its costs in accordance with law and the terms of such bond or insurance.
(d) Upon such abandonment the City may elect to accept title to the abandoned facility. Such acceptance shall be in writing and upon such acceptance, full title and ownership of such abandoned facilities shall pass to the City without the need to pay compensation to the Permittee. The Permittee shall, however, continue to be responsible for all taxes on such facilities or other liability associated therewith, until the date the same was accepted by the City.
(Ord. 2018-16. Passed 6-19-18.)