A. Whenever the city causes the construction of any project within the franchise area or on public grounds and such construction necessitates the relocation of grantee’s facilities from their existing location within the franchise area or on such public grounds and places, such relocation will be at no cost to the city.

B. In the event an emergency posing a threat to public safety or welfare requires the relocation of grantee’s facilities, the city shall give notice of the emergency as soon as reasonably practicable. Upon receipt of such notice from the city, grantee shall endeavor to respond as soon as reasonably practicable to relocate the affected facilities.

C. Whenever any third party requires the relocation of grantee’s facilities to accommodate work of such third party within the franchise area or on such public grounds, then the grantee shall have the right as a condition of any such relocation to require payment to grantee, at a time and upon terms acceptable to grantee, for any and all costs and expenses incurred by grantee in the relocation of their facilities; provided, however, in the event the city reasonably determines and notifies grantee that the primary purpose of the third party requiring relocation is to facilitate the construction of a city project consistent with the city’s capital investment plan, transportation improvement program, or the transportation facilities program, then only those costs and expenses incurred by grantee in reconnecting such relocated facilities with other facilities shall be paid to grantee by such third party.

D. As to any relocation of grantee facilities whereby the cost and expense thereof is to be borne by grantee, grantee may submit in writing to the city alternatives to relocation of its facilities. Upon the city’s receipt from grantee of such written alternatives, the city shall evaluate such alternatives and shall advise grantee in writing if one or more of such alternatives is suitable. In evaluating such alternatives, the city shall give each alternative proposed by grantee full and fair consideration with due regard to all facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. No alternative proposed by grantee shall be evaluated by the city in an arbitrary or capricious manner. In the event the city reasonably determines that such alternatives are not appropriate, grantee shall relocate its facilities as originally requested.

E. If the city requires the subsequent relocation of any facilities within five years from the date of relocation of such facilities, the city shall bear the entire cost of such subsequent relocation. (Ord. 5532 § 2, 2004.)