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A. A wireless carrier, public utility, or other person under order of the Council must, upon a minimum 60 days’ written notice, move or adjust its underground or overhead facilities located within the public right-of-way which interfere with any public improvement authorized or ordered by the city. The relocation must be done at the expense of the telecommunications carrier, public utility, or other person, subject to the exceptions in RCW 35.99.060(d) and existing tariffs, which may require the city to pay for displacement in certain circumstances. The actual number of days must be specified by the Council in the Council’s order.

B. When a public improvement is required to accommodate or allow development or other activity by a party other than the city, then a wireless telecommunications carrier, public utility or other person which moves or adjusts its facilities is entitled to recover its associated costs and expenses from such other party.

C. Such persons must indemnify, hold harmless, and pay the costs of defending the city against claims or liabilities for delays on public improvement projects caused by their failure to relocate their facilities in a timely manner unless caused by circumstances beyond their control. (Ord. 3039 § 2, 2019)