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Title 12
Chapter 12.09
Section 12.09.120
 

Title 12 Public Ways and Property

Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way

Section 12.09.120 Relocation
  1. The administering officer may require service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of public welfare, health, or safety as provided in chapter 83, Laws of 2000.
  1. The administering officer shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation in the right-of-way shall be completed. Notice may be given by posting the same on the City’s website, publication in the Official Gazette, or any other means. In calculating the date that relocation must be completed, the administering officer shall consult with affected service providers and consider the extent of facilities to be relocated, the services requirements, and the construction sequence for the relocation, within the City’s overall project construction sequence and constraints, to safely complete the relocation.
  1. Service providers shall complete the relocation by the date specified, unless the administering officer, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.
  1. Service providers may not seek reimbursement for their relocation expenses from the City requesting relocation under subsection (A) of this section except:
    1. where the service provider had paid for the relocation cost of the same facilities at the request of the City within the past five years, the service provider’s share of the cost of relocation will be paid by the City when it is requesting the relocation;
    1. where aerial to underground relocation of authorized facilities is required by the City under subsection (A) of this section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the City requiring relocation; and
    1. where the City requests relocation under subsection (A) of this section solely for aesthetic purposes, unless otherwise agreed to by the parties;
    1. no relocation reimbursement is paid by the City for other permitted areas outside the right-of-way where not otherwise required by chapter 83, Laws of 2000.
  1. Where a project in subsection (A) of this section is determined by the administering officer to be primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (A) of this section, provided that the recovery is consistent with subsection (C) of this section and other applicable laws. The City has no obligation to secure the collection or payment of any funds not owed by the City.
  1. The administering officer may require the relocation of facilities at the service provider’s expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare. (See RCW 35.99.060.)
  1. For users other than service providers, such parties shall relocate any facilities as ordered by the administering officer and no right of reimbursement from the City will ever be recognized.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1