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9. RELOCATION AND MOVEMENT OF FACILITIES
<br />9.1. Movement of Telecommunication Facilities For City Purposes
<br />A. Pursuant to RCW 35.99.060, the City shall have the right to require Grantee to adjust, secure,
<br />relocate, remove, replace, modify, or disconnect Grantee's Facilities and equipment located in the
<br />Rights -of -Way when the public welfare, health or safety requires such change (for example, without
<br />limitation, by reason of traffic conditions, public safety, Right -of -Way vacation, Right -of -Way
<br />construction, change or establishment of Right -of -Way grade, construction, maintenance, or removal
<br />of traffic signals, fight poles, or other infrastructure, installation of sewers, drains, gas or water pipes,
<br />or any other types of structures or improvements by the City for public purposes). Unless otherwise
<br />provided by law, such work shall be performed at the Grantee's expense Except during an
<br />emergency, and after consultation with Grantee as set forth in RCW 35.99.060(2), the City shall
<br />provide reasonable notice to Grantee, not to be less than sixty (60) days, and allow Grantee the
<br />opportunity to perform such action In the event of any capital improvement project exceeding
<br />$500,000 in expenditures by the City that requires the adjustment, securement, removal, replacement,
<br />modification, or disconnection of Grantee's Facilities or equipment, and after consultation, the City
<br />shall provide at least ninety (90) days' written notice to Grantee. Following notice by the City, Grantee
<br />shall adjust, secure, relocate, remove, replace, modify, or disconnect any of its Facilities or equipment
<br />within any Right -of -Way, or on any other property of the City. If funds are generally made available
<br />to users of the Rights -of -Way for such relocation, Grantee shall be entitled to its pro rata share of such
<br />funds. The provisions of this Section shall survive the expiration, revocation, or termination of this
<br />Franchise; provided that relocation shall not be required after the expiration of this Franchise if the
<br />City consents to the Grantee abandoning its facilities in place.
<br />B. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction,
<br />the City may cause such work to be done and bill the cost of the work (to the extent it is Grantee's
<br />responsibility under this Franchise or applicable law, including RCW 35.99.060) to the Grantee,
<br />including all costs and expenses incurred by the City due to Grantee's delay. In such event, the City
<br />shall not be liable for any damage to any portion of Grantee's Telecommunications System Within
<br />thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City any
<br />undisputed sums.
<br />9.2. Relocation of Telecommunication Facilities for Others
<br />If any removal, replacement, modification or disconnection of the Telecommunications System is
<br />required to accommodate the construction, operation or repair of the facilities or equipment of another
<br />City franchise holder or private party, Grantee shall, after at least thirty (30) days' advance written
<br />notice, take action to effect the necessary changes requested by the responsible entity. Grantee may
<br />require that the benefited party pay the costs associated with the removal or relocation
<br />9.3.Temporary Changes for Other Permitees
<br />At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall
<br />temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle,
<br />equipment or other item. The permit holder must pay the expense of such temporary changes, and
<br />Grantee may require the estimated payment in advance.
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