§ 4.04.19. Utility relocation policy.

A.

In the interest of the public health, safety and welfare and consistent with the city's ordinances and master plans, the city may make or cause to be made improvements, repairs, or replacements of the public facilities located on public rights-of-way. Such construction activity commonly requires adjustment or relocation of installations of public utilities. The city deems the right of public utilities to use public rights-of-way to be permissive and subordinate to the reasonable exercise of the city's police power. Thus, the cost of relocating a public utility installation should not be borne by the city. For purposes of this policy, the term "public utility" shall mean any organization performing a public service by authority of the city whether under a franchise or by a commission.

B.

The policy of the city is to require a public utility to promptly adjust its facilities in, upon, under or above any right-of-way administered by the city and by officials, boards, commissions, and departments of the city to accommodate construction, improvements, alterations or maintenance of public facilities when directed to do so by the director of public works or other officials authorized by the city. Utilities shall make adjustments at their own expense, except as otherwise provided hereinafter, in connection with any public works project approved and/or performed by the city regardless of the source of funds for the project.

C.

As a matter of policy the city will seek to minimize current and future installation adjustment costs for utilities by such measures as regular and systematic consultation in public works planning, advance engineering to the extent feasible, and careful consideration of public utility needs and installations in both planning and design.

D.

The city will reimburse a public utility for the direct cost of required adjustments in an amount directly proportionate to any federal funds which the city may receive on such projects that specifically provide for a line item reimbursable allowance for utility relocation or adjustment.

E.

The city will also reimburse a public utility for the direct costs of required adjustments when the utility can demonstrate that the utility acquired the right-of-way or otherwise occupied it prior to the dedication of the right-of-way either to the city or to any other unit of local government. Adjustment costs shall be reimbursed, when appropriate, under an agreement between the city and the utility for the particular project. Such agreement shall describe the scope of the utility's adjustment work and allocate costs. The cost allocation shall not required the city to reimburse for betterments which are only occasioned by the adjustments required.

( Ord. No. 85-12, § 2 )