§ 15.10.360. Removal upon notice from city for city project.

A.

The city may determine that it is necessary for provider to remove or relocate its micro network node, network node, node support pole, transport facilities, and related ground equipment, or any portion thereof, from the public right-of-way or a service pole for city projects. Whenever the city reasonably determines that relocation or removal is needed for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any city construction or maintenance project of a street or public right-of-way, or service pole, provider shall remove or relocate its facilities at its sole cost and expense, except as otherwise provided in existing state or federal law.

B.

Provider shall complete the removal or relocation within thirty days after receiving written notice from city, provided city or a third party has not prevented provider from completing such work. Provider shall notify city in writing within ten days after the removal or relocation has been completed.

C.

If provider fails to remove or relocate the micro network node, network node, node support pole or related ground equipment, or portion thereof as requested by the city within thirty days after receiving written notice from city, city shall have the right to remove, or to have removed, the micro network node, network node, node support pole or related ground equipment, or portion thereof, at provider's expense.

D.

City shall not be responsible or liable for damage to provider's wireless facilities, transport facilities, or related ground equipment except to the extent provided in this chapter.

E.

Network provider shall reimburse city for the city's actual cost of removal of wireless facilities, transport facilities, and related ground equipment within thirty days of receiving the invoice from the city.

(Ord. No. 18717 , § 1, 8-22-2017)