Except in case of any emergency, the grantee shall, within 180 days after receipt
of written notice from the city, adjust, alter or relocate, at its own expense, any
portion of its telecommunications system in the event that the city, at the direction
of the city's department of public works or the city engineer, determines that such
adjustment, alteration or relocation is necessary for the city's use of its property
and 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
right-of-way in the city. In the event that such adjustment, alteration or relocation
is incidental to work to be done by the city on a city road, such notice shall be
given 60 days prior to the commencement of such work by the city. In the event such
a contingency occurs and the grantee fails to cause the aforementioned adjustment,
alteration or relocation as required herein, the city may remove or relocate such
portion of the grantee's telecommunications system, and the total cost and expense
therefore shall be charged to, and paid by, the grantee. The city shall provide the
grantee with a notice 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 its telecommunications system pursuant to this
chapter.
(Ord. No. 99-46, § 1, 8-12-99)
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