Nothing in this chapter shall be construed to prevent the town from constructing storm or sanitary sewers, grading, paving, repairing, or altering any rights-of-way, or laying down, repairing, or removing water mains, traffic signal control systems, town fiber plant, or constructing or establishing any public utility, service, or other public work that the town may operate or undertake now or in the future.  All such work shall be done, insofar as practicable, in such manner as not to obstruct, injure, or prevent the free use and operation of poles, wires, conduits, conductors, pipes, or appurtenances of grantee.  If town in its reasonable judgment shall determine that grantee’s facilities interfere with the construction, location, or repair of any rights-of-way or public improvement, then all such facilities of grantee shall be removed or replaced, or temporarily disconnected, in such manner as shall be directed by the town so that the same shall not interfere with the public works of the town.  Such removal or replacement shall be at the expense of grantee, provided, however, that nothing in this chapter shall preclude grantee from seeking reimbursement for removal or replacement costs from any public funds generally available to rights-of-way users for the reimbursement of such costs.
(Ord. 1497, passed 2-22-06)