A. The City will not bear any cost to relocate existing infrastructure or facilities, irrespective of the function served, where existing City infrastructure or facilities or other existing infrastructure or facilities occupy the local public right-of-way under authority of a City permit, license, or franchise and conflict with a provider’s facilities.

B. If a provider should dispute the amount of damages, fees, use rates, or other charges payable by provider pursuant to this chapter, provider may file a claim with the Dispute Resolution Board. The Dispute Resolution Board consists of one member selected by the City, one member selected by the provider, and a third person agreed upon by both parties. The person agreed upon by both parties will serve as chairperson. Dispute Resolution Board costs will be shared equally by the City and the provider. The Board will hear the dispute promptly, and render an opinion as soon as possible, but in no case later than 60 days after the claim is filed. All decisions of the Dispute Resolution Board are nonbinding; however, the findings of the Dispute Resolution Board shall be admissible in any legal action. The City and the provider shall accept or reject findings of the Dispute Resolution Board within 30 days after receipt of the findings. If damages are assessed by the Dispute Resolution Board, the provider shall pay the City within 30 days of receipt of an invoice. Late charges of five percent and interest charges of one and one-half percent per month will be added for late payment.

C. Except as otherwise provided in a license, permit, or law, the City will bear relocation costs if the provider is required by the City to relocate facilities that are located in private easements obtained by the provider prior to the dedication of the public street or easement from which the facilities must be relocated. Provider’s prior rights remain unaffected by any subsequent relocation. A prior right, as used in this subsection, means private easement rights obtained by the provider prior to the dedication of the streets or public ways from which the facilities are requested by the City to be relocated. In the case of a facility that serves multiple purposes, the prior rights must extend to all uses for this exception to apply. (Ord. No. G-6407, 2018)