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A. If, during the design process for public works improvements, the City discovers a potential conflict between the provider’s small wireless facilities and the proposed public works construction, the provider must:

1. Locate and, if necessary, expose its facilities in conflict; or

2. Use a location service under contract with the City to locate and, if necessary, expose its facilities. The provider must reimburse the City for the cost resulting from the use of such location service.

The City will make reasonable efforts to design and construct public works projects to avoid relocation expense to the provider. Provider must furnish location information to the City in a timely manner, but in no case longer than ten calendar days from the date of a request from the City.

B. The City reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any local public right-of-way, aerial, surface, or subsurface improvements, including, but not limited to, water mains, traffic control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public works construction within the local public right-of-way.

C. When the City invokes its prior superior right to the local public right-of-way, the provider must move its facilities located in conflict in the local public right-of-way, at its own cost, to such a location as the City directs.

D. If, during a public works construction project, the City determines provider’s facilities are in conflict, the following shall apply:

1. Unless otherwise agreed by the parties, the provider must remove or relocate the conflicting facility within one month. This time period will run from provider’s receipt of written notice.

2. The City and the provider will coordinate as necessary to remove or relocate the facility. Removal or relocation work by provider must begin no later than 72 hours, if practicable, after written notice from the City.

E. If the provider’s relocation of facilities delays construction of a public project causing the City to be liable for delay damages, the provider must reimburse the City for any damages attributable to provider’s delay. (Ord. No. G-6407, 2018)