(Amended by Ordinance No. 173295, effective April 28,
1999.)
A. If a fire hydrant has been installed at established street grade and
in a location approved by the City Engineer, and a local improvement or public
improvement requires moving such hydrant, the Bureau of Water Works shall upon
request of the City Engineer make the necessary change. The cost thereof shall
be included in the cost of the improvement unless the Council directs payment
from public funds.
B. In all other cases, any facility over, upon or under the street
area, required to be moved either for construction or as the result of a local
or public improvement shall be changed, moved, removed or relocated, as the City
Engineer may direct, at the expense of the owner of the facility. The change
includes any trenches and filling thereof or other work necessary for the
change. However, this does not relieve the contractor from liability or
responsibility under contract specifications. Liability of the owner of the
facility for such change shall be conditioned upon notice in writing given by
the contractor at least 10 days preceding the improvement work in the area. In
case any such owner fails or refuses to make the change or relocation, then upon
direction by the City Engineer the contractor on the improvement may perform
such change or relocation, and upon approval of the contractor’s bill therefor
by the City Engineer, if the owner of the facility is the owner of land to be
assessed for the local improvement, then the City shall add the amount of the
bill for the work to the local improvement assessment to be assessed upon the
property. If the contractor has performed such work of change or relocation of
facility, and the owner thereof is not chargeable by assessment of benefit from
the improvement, then the contractor shall look solely to the owner of such
facility for reimbursement of the cost of change or relocation. In case of a
public improvement constructed at the expense of City funds, City funds shall be
chargeable for the cost of moving any City owned facilities.
C. The contractor for a public improvement or local improvement shall
not interfere with or impede any person engaged in changing or relocating the
facility within a street area, as required in this Section.
D. The right is reserved to the City and to owners of public utilities
in the street area to enter upon such street area for repairs, changes or
installation of additional facilities in the street area of the improvement
work.
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