Ordinance 2613-02 - Laserfiche WebLink

11.16 Relocation or Removal (A) Grantee shall, at its expense, relocate within or remove its facilities from the Right- of-Way or other public property when reasonably necessary for purposes of public welfare, health, or safety. (B) Except during an emergency, the City shall notify Grantee of the need for relocation or removal and shall specify the date by which relocation or removal shall be completed. Grantee shall complete the relocation or removal by the date specified, unless the City, or a reviewing court, establishes a later date for completion, after a showing by the Grantee that the relocation or removal cannot be completed by the date specified using best efforts and meeting safety and service requirements. The City shall provide not less than five (5)business days notice, and allow Grantee the opportunity to perform such action. In the event of any capital improvement project exceeding $500,000 in expenditures by the City that requires the removal or relocation of Grantee's facilities or equipment, the City shall provide at least sixty(60) days' written notice to Grantee. Following notice by the City, Grantee shall relocate or remove its facilities or equipment within any Right-of- Way, or on any other property of the City. If the City requires Grantee to relocate its facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the Rights-of-Way. If funds are generally made available to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of such funds. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee, including all costs and expenses incurred by the City due to Grantee's delay. In such event, the City shall not be liable for any damage to any portion of Grantee's Cable System. Within thirty(30)days of receipt of an itemized list of those costs,the Grantee shall pay the City. 11.17 Movement of Cable System Facilities for Other Franchise or Permit Holders If any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another City franchise or permit holder, Grantee shall, after at least thirty(30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the expense of such removal, replacement, modification or disconnection of the Cable System be paid by the benefited third party, and Grantee may require a reasonable deposit of the estimated payment in advance. 11.18 Temporary Changes for Other Permitees At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. Grantee may require that the expense of such temporary changes be paid by the permit holder, and Grantee may require a reasonable deposit of the estimated payment in advance. Page 39 of 58