§ 308. Duty to move or alter facilities.

A.

City reserves the right to construct or permit to be constructed cables, electric conduits, water, sewer, stormwater drainage system, gas or other pipelines and to do or permit to be done any underground work deemed necessary and proper by the City, along, across, over or under the rights-of-way. In doing or permitting such work to be done, the City shall not be liable to the Grantee for any damages to Grantee, willful and grossly negligent acts excepted.

B.

Whenever by reason of establishing a grade or changes in the grade of any rights-of-way and/or public easements, or in the location or manner of construction of any, cables, electric conduits, water, sewer, stormwater drainage system, gas or other pipelines, it shall be deemed necessary by the City to alter or change Grantee's distribution system, Grantee shall make such alterations or changes within a reasonable time, not to exceed six (6) months, as ordered in writing by the City, without claim for reimbursement or compensation for damages against City.

C.

If City shall require the Grantee to adapt or conform its facilities, or to in any way alter, relocate or change its property to enable any other person, firm, corporation or entity (whether public or private), other than the City, to use the rights-of-way or public easements, the Grantee shall be reimbursed by the person, firm corporation or entity desiring or occasioning such change, alteration or relocation. Grantee shall make such alterations, relocations or changes within a reasonable time, not to exceed six (6) months, as ordered in writing by the City.

D.

If the City shall require the Grantee to adapt or conform its facilities, or to in any way alter, relocate or change its property, and then for design changes within City's control and not due to unforeseen conditions, which require Grantee to adapt or conform the same facilities again for the same improvement, Grantee shall be reimbursed by the City for such alteration, relocation or change.

E.

If City shall require Grantee to in any way alter, relocate or change its facilities from a private easement, then Grantee shall be reimbursed by the City for such alteration, relocation or change. Reimbursable costs shall be limited to facilities of like size.

F.

"Person," "firm," "corporation," and "entity" as used in the preceding Subsection 308.C shall not include regular departments of the City, or any trust or authority formed by or for the benefit of City, for public utility purposes, or whose revenues are subsidized by or contribute to the general funds of the City, but shall include any other agency, whether acting in a governmental or non-governmental capacity, including, but not limited to, any urban renewal authority, or any other agency or authority, which as a part of its program clears whole tracts of land within the City limits and relocates citizens for the purpose of eliminating urban blight or similar aims.

G.

The foregoing shall not alter the Grantee's prior rights or obligations within a pre-existing, private easement established prior to the dedication of rights-of-way in establishing the party responsible for the expense of any City required alteration, relocation or change of facilities. The Grantee shall maintain its prior rights when Grantee is requested by City to alter, relocate or change its facilities previously in a private easement.

(Ord. No. 22415, § 1, 5-19-2011)