§ 1004-2.802. Relocation and costs.

(a)

Street Modifications. The county reserves the right to change the grade, to change the width or to alter or change the location of any street over which a franchise is granted. If any of the pipelines, facilities or appurtenances constructed, installed or maintained by a grantee pursuant to a franchise on, along, under, over, in, upon or across any street are located in a manner that prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvements, repair, construction, reconstruction, widening, alteration or relocation of the street, the grantee shall relocate permanently or temporarily any franchise property at no expense to the county upon receipt of a written request from the road commissioner to do so, and shall promptly apply for any required permits and commence the work on or before the day specified in the written request which date shall be not less than sixty days after receipt of the written request. A request to disconnect, remove, or relocate franchise property will: (1) specify the reasons for the required relocation, removal, or disconnection; (2) specify the nature of the work and the areas in which it will be done; (3) direct the grantee to take all steps necessary to protect its franchise property during the work; (4) specify the date on which the required relocation, removal or disconnection shall be completed, which date will be at least thirty days after the mailing of the notice; and (5) specify the amount of the county's costs attributable to the grantee's franchise property and the date by which the grantee must pay this amount to the county. The grantee shall reimburse the county for costs under this section within forty-five days of receipt of this notice. The grantee shall thereafter diligently prosecute the work to completion. Nothing in this section is intended to restrict any right that the grantee may have, if any, to recover any relocation costs from the California Department of Transportation for state freeway or highway construction, or for the California Department of Transportation to pay the costs itself. Nothing in this section shall restrict any right that the grantee may have to recover any relocation costs under applicable law from a third party other than the county or an agency of the county.

(b)

Public Entity Facilities.

(i)

Public Entity Improvements. The county reserves the right for itself, and for all other public entities that are now or may later be established, to lay, construct, repair, alter, relocate and maintain subsurface or other improvements of any type or description in a governmental but not proprietary capacity within the streets over which the franchise is granted. If the county or any other public entity finds that the location or relocation of county improvements conflicts with the facilities laid, constructed or maintained under a franchise, whether the facilities were laid before or after the improvements of the county or other public entity were laid, the grantee of the franchise shall, at no expense to the county or public entity, on or before the date specified in a written request from the road commissioner, which date shall be not less than sixty days after the receipt of a notice and request to do so, commence work to change the location either permanently or temporarily of all facilities that conflict with the improvements to a permanent or temporary location in the streets to be approved by the road commissioner and thereafter diligently prosecute the work to completion.

(ii)

State Highway. If a street over which a franchise is granted is subsequently designated a state highway, while it remains a state highway, the rights of the state of California shall be as provided in Section 680 of the Streets and Highways Code of the State of California. Nothing in this section shall restrict any right that the grantee may have, if any, to recover any relocation costs under applicable law from a third party other than the county or an agency of the county.

(c)

Relocation. A grantee shall remove or relocate, without expense to the county and within the time the county reasonably specifies, any facilities installed, used and maintained under the franchise, if and when made necessary by any lawful change of grade, alignment or width of any public place in the unincorporated county or on property owned by the county, including the construction of any subway or viaduct by the county. As examples only and not by way of limitation, a change by the county to public works such as sewers, water lines and storm drains, and public facilities below grade, in trenches, conduits or otherwise, shall give rise to the grantee's obligation to remove or relocate its facilities. The county may, in the discretion of the road commissioner and at the grantee's sole cost, provide assistance as the road commissioner deems appropriate in locating and securing the rights to alternate locations to which to relocate the pipeline when relocation is required under this section. Nothing in this section shall obligate the county to provide any assistance.

(d)

Conflicting Improvements. If the county or any other public entity constructs or maintains any storm drain, sewer structure, or other facility or improvement under or across any facility of the grantee maintained pursuant to this ordinance, the grantee shall provide at no expense to the county or other public entity all support as shall be reasonably required to support, maintain and protect the grantee's facility.

(e)

Public Entity Relocation. If a grantee after reasonable notice fails or refuses to relocate permanently or temporarily its facilities located in, on, upon, along, under, over, across or above any highway or to pave, surface, grade, repave, resurface or regrade as required, pursuant to any provision of the franchise, the county or other public entity may cause the work to be done and shall keep an itemized account of the entire cost. The grantee shall hold harmless the county, and the county's officers, agents, and employees from any liability which may arise or be claimed to arise from the moving, cutting, or alteration of any of the grantee's facilities, or the turning on or off of water, oil, or other liquid, gas, or electricity.

(Ord. No. 2013-19, § II, 8-13-13)