13.84.050 Relocation.
A. Service providers shall relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of public welfare, health, or safety.
B. The city shall notify service providers of the need for relocation and shall specify the date by which relocation shall be completed. Service providers shall complete the relocation by the date specified, unless the city, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.
C. Service providers may not seek reimbursement for their relocation expenses from the city unless:
1. The service provider had paid for the relocation cost of the same facilities at the request of the city within the past five years, the service provider’s share of the cost of relocation will be paid by the city;
2. Where aerial to underground relocation of authorized facilities is required by the city under subsection A of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the city; provided, however, that the city shall not be liable for such costs if the city allows the service provider to relocate the authorized facilities to another aerial location; and
3. Where the city requests relocation under subsection A of this section solely for aesthetic purposes, unless otherwise agreed to by the parties.
D. Where a project in subsection A of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection A of this section; provided, that the recovery is consistent with subsection C of this section and other applicable laws.
E. The city may require the relocation of facilities at the service provider’s expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare. (Ord. 2456-00 § 5, 2000.)