Title 13 - Streets and Sidewalks

13.12 Construction on Rights-of-Way

13.12.420 Right-of-way Vacation.

  1. A.
    If the City vacates a Right-of-way which contains the Facilities of the Service Provider, and if the vacation does not require the relocation of the Service Provider’s Facilities, the City may (or where required by law shall) reserve, to and for itself and all Service Providers having Facilities in the vacated Right-of-way, an easement for the right to install, maintain and operate any Facilities in the vacated Right-of-way and to enter upon such vacated Right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same.
  2. B.
    If the vacation requires the relocation of Facilities, and
    1. 1.
      If the vacation proceedings are initiated by the Service Provider, the Service Provider must pay the relocation costs.
    2. 2.
      If the vacation proceedings are initiated by the City, the Service Provider must pay the relocation costs unless otherwise agreed to by the City and the Service Provider.
    3. 3.
      If the vacation proceedings are initiated by a Person other than the Service Provider or the City, such other Person must pay the relocation costs.

(History: Ord. No. RW-3296 §9, 2020; Ord. RW-2184, 2000)

Effective on: 1/1/1901