Sec. 711.335. - Relocation.

Except in an emergency, the grantee shall, within 30 days after receipt of written notice from the City, adjust, alter, remove or relocate at its own cost and expense any portion of the system in the event the City, at the direction of the Director of Public Works, determines that such adjustment, alteration, removal or relocation is necessary for the City's use of its property and rights-of-way (including, but not limited to, the sale, abandonment or conveyance of any portion of said rights-of-way) or if same unreasonably interferes with the convenient, safe or continuous use or the maintenance, improvement, extension or expansion of any public street, alley, highway, waterway, bridge or easement in the City. In the event such removal, adjustment, alteration or relocation is incidental to work to be done by the City on a City road, such notice shall be given at the same time as the contract for the work is advertised or 30 days prior to the commencement of such work by the City. In the event such a contingency occurs and the company fails to cause the aforementioned adjustment, alteration, removal or relocation as required herein, the City may remove such portion of the system and the total cost and expense therefor shall be charged to the grantee. The City shall provide the grantee with a notice of such removal or relocation and order as provided for in F.S. § 337.404, or any subsequently enacted law of the State in the event it may charge the grantee for the cost and expense of removing such portion of the system pursuant to this Chapter. However, notwithstanding the preceding, each grantee's use of City rights-of-way shall be conditioned upon the faithful performance of all duties and requirements imposed by existing law, this Chapter, and rules established by the Department (including, but not limited to rules pertaining to City projects related to the rights-of-way which require the person, in a timely manner, to: 1. participate in design coordination meetings when either the City's project or the person's occupancy will be impacted; 2. provide accurate horizontal and vertical information on the person's facilities to assist in design phase conflict resolution; 3. assist the City in developing utility relocation schedules; and 4. reimburse the City for delay costs resulting from the person's failure to relocate their facilities within the time frame provided in the relocation schedule). (Ord. 2001-427-E, § 2)