A. Whenever the City determines that it is necessary, the City may require user to change the location of its facilities, including relocating underground, or to remove its equipment from the right of way. Within a reasonable time period specified in written notice, or immediately in the case of an emergency, user shall, at user’s expense, temporarily or permanently (as specified by the City) relocate any of its equipment or facilities within the right of way whenever the City determines that relocation is reasonably necessary for:

If any of the foregoing improvements eliminate space available for user’s existing overhead facilities within an existing public utility easement or within the right of way, user shall at no expense to the City, relocate facilities underground or secure a private utility easement. The City is not obligated to provide right of way solely for the use of any user’s facilities.

B. In cases of capital improvements (as opposed to public improvements to rights of way as described in subsection (A) above) undertaken by either the City or a private contractor on behalf of the City, user shall at user’s own expense, underground existing overhead facilities at the request of the City where other users are similarly required to do so.

C. Costs for moving facilities necessitated for anything other than publicly-funded projects shall be borne by the person requesting relocation or removal. User shall pay the cost for relocation of user’s equipment for publicly-funded projects to the extent the City is not reimbursed. When a project is funded with both private and public funds, user shall pay the percentage of the costs that is equal to the percentage of City funds that were spent on the relocation.

D. The City shall provide written notice as soon as practicable to affected users of a project planned by the City that would require relocation of users’ facilities. Prior to requesting relocation, the City shall make a reasonable effort to find an alternative location within a right of way for relocated facilities.

E. If user fails to move any facilities as requested by the City by the date specifiedin the written notice, the City may cause the facilities to be moved at user’s own expense. Upon receipt of a detailed invoice for payment from the City, user shall reimburse the City for the costs the City incurred within 60 days, including all labor and material costs and an administrative overhead fee of 20% plus interest after 30 days.

F. Nothing in this chapter prohibits a user from seeking reimbursement and/or payment for relocation costs under this section from a third party or the City in accordance with applicable state laws and rules, provided that such reimbursement or payment does not delay the user’s obligation to comply with this section in a timely manner.