Title 13 - Streets and Sidewalks

13.12.400 Facility Relocation.

1. A.
   The ROW-user shall promptly remove, relocate or adjust any Facilities located in the Right-of-way as directed by the City for a Public Improvement or when reasonably required by the City by reason of public health, safety or welfare. Such removal, relocation, or adjustment shall be performed by the ROW-user at the ROW-user's sole expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules, regulations and schedules of the City pertaining to such. The ROW-user shall proceed with relocations at due diligence upon notice by the City to begin relocation.
2. B.
   The ROW-user shall promptly remove, relocate or adjust any Facilities located in private easement, as directed by the City, for a Public Improvement, at City expense, by moving such Facilities to areas within the expanded Right-of-way or within remaining private easements or remaining portions of such easements not condemned by nor disclaimed to the City to avoid conflict with City construction and improvements. The ROW-user shall disclaim those parts of its easements which lie within the expanded Right-of-way. Should the City, in the future, elect to require the ROW-user to again relocate its Facilities to other areas within the expanded Right-of-way, the cost of any such future relocation shall be borne by the City.
3. C.
   As soon as working drawings are available for Public Improvements which will require the ROW-user to relocate its Facilities, the City shall provide the ROW-user with written notice of relocations and the anticipated bid letting date of said improvement. The ROW-user shall respond with any conflicts and a proposed construction schedule within thirty (30) days.
4. D.
   Following notice by the City in the form of the delivery of final design plans for such Public Improvements, the ROW-user shall remove, and relocate its Facilities in accordance with the mutually agreed upon schedule, provided the project is not delayed by adverse weather conditions and other factors beyond the control of the ROW-user. The ROW-user shall certify to the City, in writing, that its Facilities have been relocated or adjusted to clear construction in accordance with project plans provided by the City.
5. E.
   Any damages suffered by the City, its agents or its contractors to the extent caused by ROW-user's failure to timely relocate or adjust its Facilities, or failure to properly relocate or adjust such Facilities, shall be borne by the ROW-user.
6. F.
   In the event the ROW-user is required to move its Facilities in accordance with this section, any ordinary Right-of-way Permit fee shall be waived.
7. G.
   It is the intent of this section for both the City and the ROW-user to cooperate with one another so that the need for Facility relocation is minimized and, when required and feasible, relocations may be completed prior to receipt of bids by the City for a Public Improvement
8. H.
    In the event that a ROW-user is required to move its Facilities for a private benefit, the ROW-user shall not bear the cost of the relocation or adjustment to the extent of such private benefit and the ROW-user shall not be obligated to commence the relocation or adjustment until receipt of funds for such relocation or adjustment.

(History: Ord. RW-3139 §3, 2016; RW-2410 §7, 2002; RW-2184, 2000)

Effective on: 1/1/1901