§ 19-327. Removal and relocation of radios

(a) Franchisee understands and acknowledges that city may require franchisee to relocate and franchisee shall, at city's direction, relocate immediately upon a request from city in situations described in subsections (2) and (3) below and upon five (5) business days' prior written notice in all others at franchisee's sole cost and expense, a radio repeater whenever city reasonably determines that the relocation is needed: (1) to facilitate or accommodate the construction, completion, repair, relocation or maintenance of a city project, (2) because the radio repeater is interfering with or adversely affecting proper operation of city light poles, traffic signals or other city facilities, or (3) to protect or preserve the public health, safety or welfare.

(b) In the event franchisee desires to relocate any radio repeaters from one city-owned pole to another, franchisee shall notify city upon five (5) days' prior written notice. City will use its best efforts to accommodate franchisee by making another functionally equivalent city-owned pole available for use in accordance with and subject to the terms and conditions of the franchise.

(c) In the event that any radio repeater subject to the franchise is abandoned and no longer placed in service for a period of six (6) months or more, franchisee promptly shall notify the city and the city, at its option, may promptly remove the abandoned radio repeater(s) at franchisee's sole cost and expense or dedicate the same to the city. The city shall not issue notice to franchisee that the city intends to exercise the option to require removal or dedication of radio repeaters unless and until the city first gives five (5) days' prior written notice to franchisee to remove the radio repeaters. If franchisee shall fail to remove the radios as required by the city, the city shall be entitled to remove the radio repeaters at franchisee's sole cost and expense. Franchisee shall execute such documents of title as will convey all right, title and interest in the abandoned radio repeaters to the city.

(d) Whenever the removal or relocation of radio repeaters is required under this franchise, and such removal or relocation shall cause the street light pole or other part of the public right-of-way to be damaged, or if the weight, size or power of the radio repeaters on any street light pole causes any damage, franchisee, at its sole cost and expense, promptly shall repair and return the street light pole or other part of the public right-of-way in which the radios are located to a safe and satisfactory condition in accordance with applicable laws. If franchisee does not return the affected site to a safe and satisfactory condition, then the city shall have the option to perform or cause to be performed such reasonable and necessary work on behalf of franchisee and charge franchisee for the proposed costs to be incurred, or the actual costs incurred by the city. Upon the receipt of a demand for payment by the city franchisee shall reimburse the city for such costs within thirty (30) days.

(Ord. No. 96-16, § 2, 1-6-97)