§ 6.26.190. Relocation of the system.

A.

New Grades or Lines. If the grades or lines of any street on which grantee's system is placed are changed at any time during the term of the franchise, then the grantee shall, at its own cost and expense and upon the request of the metropolitan government, protect or promptly alter or relocate the system, or any part thereof, so as to conform with such new grades or lines. In the event that the grantee refuses or neglects to so protect, alter, or relocate all or part of the system, the metropolitan government shall have the right to break through, remove, alter or relocate such part of the system, without any liability to the metropolitan government, and the grantee shall pay to the metropolitan government the costs incurred in connection with such breaking through, removal, alteration or relocation.

B.

Relocation of Right-of-Way. Wherever a public right-of-way or other public property is being constructed, paved (whether or not such paving is part of a more extensive improvement project), resurfaced, relocated or otherwise altered or improved (including, but not limited to, the installation of sidewalk, curb, gutter, drainage facilities, water mains, or sewer mains, traffic signals or trees), grantee shall, within ninety days of written notice from the director of public works, and at no cost (direct or indirect) to the metropolitan government, remove or relocate any grantee facility located within such public right-of-way or public property or perform such work as it deems necessary for the extension of new facilities. In the event the grantee fails to relocate its property in a manner approved by the metropolitan government within ninety days of the metropolitan government's written notice, absent an extension of time granted by the metropolitan government, the metropolitan government may seek revocation of the franchise agreement pursuant to Section 6.26.310 of this chapter. Failure to obtain the metropolitan government's approval of the location of facilities relocated under this section will be considered a forfeiture under Section 6.26.310 of this chapter. Grantee shall be responsible for any damage it causes to property, including damage to trees and other landscaping, as a result of the relocation or removal of facilities.

C.

Time Limit—Liquidated Damages. Failure of grantee to remove or relocate the facility to a location approved by the metropolitan government within ninety days of the metropolitan government's written notice shall entitle the metropolitan government to recover liquidated damages from grantee. The liquidated damages for failure to remove or relocate a facility shall be two hundred fifty dollars per diem.

If grantee believes it will be unable to complete the relocation within ninety days from receipt of notice from the metropolitan government, grantee shall explain the reasons for its inability in detail and the metropolitan government and grantee shall attempt to agree on an alternate schedule, subject, however, to the metropolitan government's right to finally determine the schedule and liquidated damages, as long as its decision is not unreasonable.

(Amdt. 1(14) to Ord. 94-1103, 7/19/94; Ord. 94-1103 § 19, 1993)