§ 24-63. Right-of-way vacation.

(a)

Reservation of right. If the city vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant facilities and equipment, the city shall reserve, to and for itself and all registrants having facilities and equipment in the vacated right-of-way, the right to install, maintain and operate any facilities and equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same.

(b)

Relocation of equipment. If the vacation requires the relocation of registrant facilities and equipment; and if the vacation proceedings are initiated by:

(1)

The registrant, the registrant must pay the relocation costs;

(2)

The city, the registrant must pay the relocation costs, unless otherwise agreed to by the city and the registrant; or

(3)

A person other than the registrant or permit holder, such other person must pay the relocation costs.

(Code 1992, § 421.16; Ord. No. 1997-7, 8-18-1997)