§ 19-34. Relocation for public improvements.

(a)

Request of the city. Whenever because of public necessity or the welfare of the public generally, the city elects to change or alter the grade of any street or to sell or vacate any street or to construct or reconstruct any water lines, sanitary or storm sewers, watercourses, drainage ditches, conduits, playgrounds, traffic control devices or other public improvements, an operator shall, after 30 days written request from the city, remove, relay and relocate its poles, wires, cables, conduits and other fixtures at its own expense.

(b)

Requests of private parties. Whenever an operator is requested or required by a private party, including any utility not affiliated with the city, to remove, relay and relocate its poles, wires, cables, conduits and other fixtures, the requesting party shall provide 30 days advance written notice. If such removal, relaying or relocation is required within a subdivision of the city where all utility facilities and those of other services, including those of the operator, are present, the entities requesting such changes may decide among themselves who is to bear the cost of removing, relocating or relaying the operator's facilities, provided that the city shall not be liable to an operator for such costs. An operator may require the payment of a reasonable predetermined cost for the requested removal, relaying or relocation prior to commencing word.

(Ord. No. 930358, § 1(43.34), 8-25-94)