§ 70-1. Removal, relocation of utility facilities.

(a)

Any utility using or occupying any part of a city street, easement or other property owned by the city which the city has undertaken to improve or intends to improve shall remove and relocate its facility when, in the reasonable opinion of the city, the facility constitutes an obstruction or interference with the use or safe operation of such street, easement or property by the traveling public or when, in the reasonable opinion of the city, the facility will interfere with the contemplated construction or maintenance.

(b)

Whenever the city and councilmembers reasonably determine it is necessary to have a utility removed and relocated, the city shall give to the utility at least 60 days' written notice directing the removal and relocation of such utility obstruction. If the utility does not thereafter begin removal within a reasonable time sufficient to allow for engineering and other procedures reasonably necessary to the removal and relocation of the utility facility, the city may give the utility a final notice directing that such removal shall commence not later than ten days from the receipt of such final notice. If such utility does not, within ten days of receipt of such final notice, begin to remove or relocate the facility or, having so begun removal or relocation, thereafter fails to complete the removal or relocation within a reasonable time, the city may remove or relocate the same with its own employees and do whatever else is necessary to accomplish the removal or relocation. Unless the state department of transportation agrees to pay for the removal or relocation pursuant to O.C.G.A. § 32-6-173, the utility will be responsible for the expense. A statement of such expense shall be submitted to the utility, which shall make payment to the city within 60 days after the receipt of the statement. If the utility does not make payment or arrange to make payment to the city within 60 days, the city manager shall certify the amount for collection and take appropriate action to collect the indebtedness from the utility.

(c)

Nothing in this section shall be construed so as to deprive any utility, relocated from a location in which it owned a property interest, of compensation for such property interest.

(Ord. of 11-14-94, §§ 1, 2)