Columbia Facility relocation ordinance (§ 24-175)

(a) A ROW-user shall promptly remove, relocate or adjust any facilities located in the rights-of-way or in public easements as directed by the director for a public improvement or as necessary to eliminate a threat to public health or safety. Such removal, relocation or adjustment shall be performed by the ROW- user at the ROW-user's sole expense without expense to the city, its employees, agents, or authorized contractors and shall be specifically subject to rules, regulations and schedules of the city pertaining to such. The ROW-user shall proceed with the removal, relocation, or adjustment of facilities with due diligence upon notice by the director to begin removal, relocation, or adjustment. Where the ROW-user's

facilities are located in whole or in part in private easements, the ROW-user shall promptly relocate the facilities if the city has agreed to compensate the ROW-user, through the condemnation, purchase process, or other reasonable means for the cost of relocation of the ROW-user's facilities.

(b) The city shall provide the ROW-user with written notice of required relocations or adjustments, the anticipated bid letting date, if any, of the public improvement, and notice of the deadline for completion of the relocations or adjustments. The ROW-user shall respond within thirty (30) days with any conflicts and a proposed construction schedule for relocation to be completed in not more than sixty (60) days from date of the notice to ROW-user, unless such other schedule is requested and reasonably approved by the director. If facilities cannot be fully relocated within rights-of-way, the ROW-user shall be responsible at its own cost to obtain alternative locations to timely relocate its facilities.

(c) If any facilities are not relocated in accordance with this section, the city or its contractors may relocate the facilities after notice to the ROW-user. The ROW-user and its surety shall be liable to the city for any and all costs incurred by the city. In the event the ROW-user is required to move its facilities in accordance with this section, any ordinary permit fee shall be waived. Failure to comply with the relocation schedule set by the director shall be a separate violation for each day subject to penalties as provided for violation of this article.

(d) The city retains the right to vacate any rights-of-way within the city. The city may condition vacation of its rights-of-way on granting and recording of an acceptable easement authorizing the city to use the vacated area, or a portion thereof, for specific purposes as may be deemed appropriate in the public interest. The city may also condition such vacation on payment of any relocation costs that may result from such vacation. In the event that the vacation of rights-of-way requires relocation of facilities of a ROW-user, such user shall bear all costs of relocation or removal of its facilities unless otherwise provided by the party initiating the vacation. In no event shall the city be obligated to pay for relocation costs due to a vacation of rights-of-way.