§ 78-137. Structure location and conformance with public improvements.

Prior to initiating construction of a "city project" in the right-of-way, the city will provide each right-of-way user preliminary project plans at various stages of completion (i.e., 30 percent plans, 60 percent plans, 90 percent plans and final plans). Upon receipt of the first submittal of preliminary project plans (30 percent plans), each right-of-way user shall be responsible for verifying the location of its underground structures in the vicinity of the city's project. In verifying the location of structures as required by this section, each right-of-way user shall compile the information obtained regarding any structures located in the right-of-way that are potentially affected by the city project and shall, within 30 days of receipt of the first submittal of the preliminary project plans, make that information available to the city in a written and verified format acceptable to the city manager. Whenever by reasons of widening or straightening of streets, water or sewer line projects, or any other city projects (i.e., install or improve storm drains, water lines, sewer lines) it shall be deemed necessary by the governing body of the city to remove, alter, change, adapt, or conform the underground or overhead structures of a right-of-way user, such alterations shall be made by the owner of the structures at the owner's expense within 45 calendar days from the receipt of written notice to make the alterations, unless a different schedule has been approved by the city manager. The owner of the structures shall be responsible for any direct costs incurred by the city, associated with project delays resulting from owner's failure to conform structures within the time limits established by this section. Reimbursement for all costs provided for by this paragraph shall be made within 30 calendar days from the day which the owner receives written notice of such costs.

( Ord. No. 1093 , §§ I, II, 8-16-2017)