§ 13.12.1050. Relocation of franchise property and appurtenances.

(a)

The city reserves the right to change the grade, to change the width or to alter or change the location of any highway over which the franchise is granted. If any of the franchise property or appurtenances constructed, installed or maintained by the franchisee pursuant to the franchise on, along, under, over, in, upon or across any highway are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, alteration or relocation of the highway, or any work or improvement upon the highway, the franchisee shall relocate permanently or temporarily any such franchise property or appurtenances at no expense to the city or other public entity upon receipt of a written request from the road commissioner to do so, and shall commence such work on or before the date specified in such written request, which date shall be not less than 30 days from receipt of such written request. The franchisee shall thereafter diligently prosecute such work to completion; should franchisee neglect or fail to relocate its facilities in a timely manner after the receipt of any such notice, the franchisee shall be responsible for and shall reimburse the city for any and all additional costs or expenses incurred by the city due to or resulting from such delay in relocation of facilities; provided, however, that if such highway be subsequently constituted as a state highway, thereafter and so long as such highway remains a state highway, no such change of location shall be required for a temporary purpose.

(b)

The city reserves the right for itself and other public entities which are now or may later be established, to lay, construct, repair, alter, relocate and maintain subsurface or other facilities or improvements of any type or description in a governmental but not proprietary capacity within the highways over which the franchise is granted. If the city or other public entity finds that the location or relocation of such facilities or improvements conflicts with the franchise property or appurtenances laid, constructed or maintained under the franchise, whether such franchise property was laid, constructed or maintained before or after the facilities of the city or other public entity were laid, the franchisee of such franchise shall at no expense to the city or public entity, on or before the date specified in a written request from the road commissioner, which date shall not be less than 30 days after the receipt of such notice and request to do so, commence work to change the location either permanently or temporarily of all franchise property and appurtenances so conflicting with such improvements to a permanent or temporary location in such highways, to be approved by the road commissioner; and thereafter diligently prosecute such work to completion. Should the franchisee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, the franchisee shall be responsible for and shall reimburse the city or other public entity for any and all additional costs or expenses incurred by the city or other public entity due to or resulting from such delay in relocation of facilities. If such highway be subsequently constituted a state highway, while it remains a state highway the rights of the state shall be as provided in Streets and Highways Code § 680.

(Ord. No. 14(1989), § 2(16.66.060), 6-27-89)