(A) Relocation of facilities.
(1) Whenever the city shall in its exercise of the public interest request of the franchisee to relocate or reinstall any of its facilities, the franchisee shall, within ten days remove, relocate, or reinstall any such facilities as may be reasonably necessary to meet the request.
(2) The cost of such relocation, removal, or reinstallation of the facilities shall be the exclusive obligation of the franchisee.
(3) Upon request of any other person requesting relocation of facilities and holding a validly issued building or moving permit of the city, a franchisee shall, within ten days, temporarily raise, lower, or relocate its wires or other facilities as may be required for the person to exercise the rights under the permit; provided, however, that the franchisee may require such permit holder to make payment to franchisee in advance for any expenses incurred by the franchisee to temporarily move its facilities pursuant to such person’s request.
(B) Third-party facilities.
(1) Notwithstanding any provision of this chapter to the contrary, the provisions of this division (B) shall not apply to:
(a) Facilities located above the “communication worker safety zone” as such term is defined in the National Electrical Safety Code; or
(b) Any electric supply facilities wherever located.
(2) Make-ready costs that are to be paid by attacher include, without limitation, all costs and expenses to relocate or alter the attachments or facilities of any pre-existing third-party user as may be necessary to accommodate attacher’s attachment.
(3) Upon approval of an attachment application, the attacher may relocate or alter the attachments or facilities of any pre-existing third-party user as may be necessary to accommodate the attacher’s attachment using pole owner approved contractors; provided, however, that attacher will not effectuate a relocation or alteration of a pre-existing third-party user’s facilities that causes or would reasonably be expected to cause a customer outage (this division (B) does not authorize activity requiring an electric supply outage) without first providing 30 days’ prior written notice to the pre-existing third- party user. In the event the pre-existing third-party users of such other facilities fail to transfer or rearrange their facilities within 30 days from receipt of notice of relocation or alteration of a pre-existing third-party user’s facilities that causes or would reasonably be expected to cause a customer outage, attacher may undertake such work. Within 30 days of the completion of any relocation or alteration, the attacher will send notice of the move and as-built reports to the pre-existing third-party user and the owner(s) of all poles or other structures on which such relocations or alterations were made.
(4) The as-built reports will include a unique field label identifier, and an address or coordinates. Upon receipt of the as-built reports, the pre-existing third-party user and pole or structure owner(s) may conduct an inspection within 14 days at the attacher’s expense. The attacher will pay the actual, reasonable, and documented expenses incurred by the pre-existing third-party user and pole or structure owner(s) for the inspection.
(5) If any such relocation or alteration results in the facilities of the pre-existing third-party user on the pole or other structure failing to conform with the applicable pole owner’s standards, the pre-existing third-party user will notify the attacher within seven days of the inspection. In the notice, the pre-existing third-party user will elect to either:
(a) Perform the correction itself and bill the attacher for the actual, reasonable, and documented costs of the correction; or
(b) Instruct the attacher to correct such conditions at the attacher’s expense.
(6) Any post-inspection corrections performed by the attacher must be completed within 30 days of such notification. As a condition of exercising the ability to relocate, rearrange, or alter a pre-existing third-party user’s facilities pursuant to this division (B), the attacher shall indemnify, defend and hold harmless the owner or owners of all poles or other structures on which such relocation, rearrangement, or alteration takes place, the affiliates of such owner or owners, and the officers, directors, and employees of such owner or owners and their affiliates (each an “indemnitee”) from and against all third-party damage, loss, claim, demand, suit, liability, penalty, or forfeiture of every kind and nature, including, but not limited to, costs and expenses of defending against the same, payment of any settlement or judgment therefor and reasonable attorney’s fees, that are actually and reasonably incurred by an indemnitee, by reason of any claim by an affected pre-existing third-party user or any person or entity claiming through such pre-existing third-party user arising from such relocation, rearrangement, or alteration.
(Ord. 2 S2018/2019, passed 10-8-2018)