The metropolitan government reserves the right to exercise its police and/or proprietary
powers to modify, vacate or transfer any right-of-way in use by grantee for a public
purpose. At grantee's own risk, the metropolitan government has the predominant right
to use its right-of-way in the placement, maintenance and repair of sewers, water
mains and other public utilities or to relocate or remove grantee's system where the
metropolitan government determines that the public convenience and/or necessity would
be enhanced or for any other public purpose, including, but not limited to the use
of any right-of-way used by grantee for public transportation purposes or where the
director of public works determines there is an emergency. The permits referred to
in Section 6.26.040 may be amended or revoked in whole or in part by the issuing department whenever
such action is necessary or advisable for a public purpose. Grantee shall make no
claims for costs or damages against the metropolitan government by reason of such
removal or relocation. Upon thirty days' written notice to grantee of partial or complete
revocation of such permit from the director of public works, grantee shall remove,
modify, replace or relocate its facilities as required at its own expense. In the
event grantee does not remove, modify, replace or relocate its facilities as required
by said notice within thirty days as aforesaid, the director of public works may cause
the same to be done at grantee's expense and all expenses incurred or damages paid
by the metropolitan government on account of such action shall be paid by grantee
on demand. Grantee shall remove, replace or modify, at its own expense, the installation
of any of its facilities as may be deemed necessary by any other appropriate governmental
authority to meet such authority's proper responsibilities. In the event the metropolitan
government exercises its predominant right to use any right-of-way used by grantee
for a public purpose, the metropolitan government shall reasonably cooperate with
grantee in finding an alternate site for any telecommunications facilities removed
and in avoiding disruption to grantee's telecommunications system to the extent not
reasonably required by the metropolitan government. In an emergency, as determined
by the director of public works, the metropolitan government may order grantee to
remove or relocate its facilities within forty-eight hours. If the metropolitan government
exercises any of its rights pursuant to this section, grantee shall have the option,
upon notice to the director of information services, of abandoning the portion of
its telecommunications system to be so removed or relocated and deleting such portion
from the public right-of-way.
