11.50.120 Relocation.
A. Whenever the City undertakes the construction of any sewer, water, or storm drainage line or other street improvement project, including the installation of traffic signals, street lights, sidewalks, and pedestrian amenities, and such project necessitates the relocation of any utility’s then-existing facilities, the City will give as much advance notice as is reasonable of its plans to open the right of way to the utility and current service providers and to other utilities or service providers who have filed notice with the City Clerk within the past 12 months of their intent to place facilities within the City.
The City will endeavor to:
1. Provide written notice requiring such relocation to the utility at least 90 days prior to the bid opening and again 30 days prior to the bid opening of such improvement project;
2. Provide copies of pertinent portions of the plans and specifications for the street improvement project to the utility so it can reasonably plan to relocate its facilities to accommodate such street improvement project.
3. Provide the utility with written notice of the date by which the utility must complete the relocation of its facilities, which must be at least ten (10) days prior to commencement of construction of such improvements, provided that the deadline for relocation may be adjusted by mutual agreement.
B. The utility will relocate its facilities at no cost or charge to the City, provided that if the City requires the subsequent relocation of the same facility within 5 years of the date of relocation pursuant to this section, the City will bear the entire cost of the subsequent relocation unless otherwise agreed to by the utility and City; and
C. As to any relocation of a utility’s facilities wherein the cost and expense thereof is to be borne in whole or in part by the utility, in accordance with this section, after receipt of written notice requesting relocation, the utility may submit to the City written alternatives to the relocation. Upon receipt, the City will evaluate the alternatives and timely advise the utility in writing if one or more of the proposed alternatives is suitable to accommodate the work. If the utility requests the use of an alternative, the City will give each alternative proposal full and fair consideration. In no case may the City reject reasonable alternatives arbitrarily. After due consideration, if the City is satisfied that there is no reasonable alternative, the utility will relocate its facilities as otherwise provided in this section. The City’s determination that there is no reasonable alternative will be conclusive and will not be subject to any City administrative appeal process; and
D. The foregoing provisions apply to all utilities within the right of way, whether they are publicly or privately owned, and whether or not they have an existing franchise with the City for use of the right of way; and
E. Any damage the utility may suffer due to its failure to relocate or remove any of its facilities by the date set for relocation or removal from the construction zone is the responsibility of the utility. (Ord. M-4026 §9, 2012)