14.30.185 Relocation.
Whenever a public entity undertakes or approves the construction of any sewer, water or storm drainage line (eight-inch inside diameter or larger) or other street improvement project including, without limitation: installation of traffic signals, street lights, I-NET system, sidewalks and pedestrian amenities, wherein the facility so constructed or approved is or shall become, by gift, transfer, dedication or otherwise, a public facility owned, maintained or operated by a public entity, and such project necessitates the relocation of any utility company’s then existing facilities, the public entity shall:
A. Provide such utility company written notice requiring such relocation at least 90 days prior to the commencement of such improvement project; and
B. Provide such utility company with copies of pertinent portions of the plans and specifications for such street improvement project so that such utility company may relocate its facilities to accommodate such street improvement project. No later than 80 days after receipt of such notice and plans and specifications, such utility company shall complete the relocation of its facilities so as to accommodate such improvement project, at no charge or expense to the public entity, at least 10 days prior to commencement of construction of such improvements; provided, that such 80-day notice period shall be extended by mutual agreement if necessitated by occurrence of an “act of God.”
C. If the public entity requires the subsequent relocation of such utility company’s facility within five years of the date of relocation of the same facility pursuant to this section, the public entity shall bear the entire cost of such relocation.
D. As to any relocation of a utility company’s facilities wherein the cost and expense thereof is to be borne by such utility company in whole or in part, in accordance with this section, such utility company may, after receipt of written notice requesting relocation, submit to the public entity written alternatives to such relocation. Upon receipt, the public entity shall evaluate such alternatives and shall timely advise such utility company in writing if one or more of the proposed alternatives are suitable to accommodate the work which would otherwise necessitate relocation of such facilities. If so requested by the utility company, the public entity shall give each alternative proposal full and fair consideration. In no case shall the public entity arbitrarily reject reasonable alternatives. In the event that the public entity is satisfied, after due consideration, that there is no other reasonable alternative, the utility company shall relocate its facilities as otherwise provided in this section. The public entity’s determination that there is no reasonable alternative shall be conclusive and shall not be subject to any administrative appeal process.
E. The provisions of this section apply to right-of-way use agreements issued pursuant to this chapter and do not apply to franchise agreements issued in accordance with Chapter 14.20 BCC. (Ord. 6076 § 1, 2012; Ord. 5009 § 13, 1997.)