12.18.220 Notification – Transportation improvement plan element comprehensive plan.
The city maintains a transportation improvement plan element as a part of its comprehensive plan addressing a six-year planning horizon. All franchisees and applicants for master use permits are notified that the plan contains a list of city street improvements, sidewalks and other utility projects in the rights-of-way. Franchisees and holders of master use permits as well as any service provider who files notice with the city clerk of their intent to place facilities in the city are hereby notified and placed on inquiry notice with respect to the existence of the transportation improvement plan (TIP).
A. Annually, the city clerk shall provide notice regarding the hearing on the transportation improvement plan to telecommunications and cable television service providers as well as all service providers who have provided written notice of intent to the clerk within the past 12 months of their intent to place facilities within the city.
B. Cable television and telecommunications service providers and those wishing to place facilities within the city’s rights-of-way shall then be on notice of the city’s intent and may participate in any public hearing regarding the city’s transportation improvement plan. Upon publication of notice of the adoption of an ordinance regarding the transportation improvement plan, cable television and telecommunications service providers and others desiring to establish facilities within the city’s rights-of-way shall commence the process of consultation with the city regarding the placement of their facilities within their public right-of-way.
C. Upon adoption of the transportation improvement plan, the city, through its city engineer or his designee, shall notify service providers as soon as practicable thereafter of the need for relocation of service providers’ facilities, specifying the date by which relocation shall be completed. The city shall consult with the affected service providers regarding the date the relocation must be completed. When a project is listed on the city’s TIP, such notice is secondary. Service providers are placed on inquiry and record notice through the adoption of the city’s annual update to the six-year TIP regarding the nature and extent of facilities to be constructed by the city. The service provider shall, at its earliest convenience, provide information to the city in appropriate written format, outlining the extent of facilities to be relocated, the service requirements and the construction sequence for the relocation. The city shall utilize this information through a consulting process to establish the city’s overall construction sequence and constraints, and the construction sequence shall be designed to safely complete the relocation. After the consultation, the city engineer shall establish a final relocation date.
D. Service providers shall complete the relocation by the date specified by the city engineer unless a reviewing court establishes a later date for completion. The standard for review by the city engineer and by any reviewing court shall be based upon a showing, by substantial and competent evidence by the service provider, that the relocation cannot be completed by the date specified using best efforts in meeting safety and service requirements. (Ord. 1053 § 1, 2006).