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Nothing in this chapter shall be construed to prevent the city or any local improvement district from sewering, paving, grading, altering or otherwise improving or re-improving any of the streets of the city, including the installation of city-owned utilities, and the city shall not be liable for any damages resulting to a franchisee by reason of the performance of such work or by exercise of such rights by the city. This chapter shall not be construed so as to deprive the city of any rights or privileges which it now has, or which may hereafter be conferred upon it to regulate and control the use of the streets.

A franchisee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate or remove from any street, right-of-way or any other public place, any of its installations when so required by the city for reasons of traffic conditions or public safety, street vacations, dedications of new rights-of-ways and the establishment and improvement thereof, freeway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity.

The city will make its best effort and attempt to design or redesign streets, avenues, alleys, public places or ways, and other city utilities to minimize the impact thereof on a franchisee’s existing facilities, including the need to require a franchisee’s existing facilities, including the need to require a franchisee’s facilities to be relocated. Provided, however, the city shall make the final determination on the need for relocation of a franchisee’s facilities.

Whenever the city determines that any of the above circumstances necessitate the relocation of a franchisee’s then existing facilities, the city shall provide a franchisee with at least sixty days written notice unless an emergency exists requiring such relocation, which shall be completed by a franchisee at no cost and within the time frame set by the city. Upon the franchisee’s failure to complete relocation to its installations and facilities so directed, the city may remove same at a franchisee’s expense. (Ord. 2346 § 1, 1995)