Sec. 74-72Discontinuance of operation

(a) A utility who has discontinued or is discontinuing operation of any facilities in the city shall:

(1) Provide information satisfactory to the city that the utility's obligations for its facilities in the rights-of-way under this article and any other provision in the Codified Ordinances or other laws have been lawfully assumed by another utility; or

(2) Submit a written proposal to re-use its facilities; or

(3) Submit a written proposal for abandonment of facilities. Said proposal must be approved by the city manager; or

(4) Remove its entire facilities within a reasonable amount of time and in a manner acceptable to the city; or

(5) Submit to the city, in good faith and within a reasonable amount of time, a proposal for transferring ownership of its facilities to the city. If a utility proceeds under this clause, the city may, at its option do one or more of the following:

a. Purchase the facilities;

b. Accept donation of some or all facilities; or

c. Require the utility to post a bond in an amount sufficient to reimburse the city for its reasonably anticipated costs to be incurred in removing the facilities.

(b) Facilities of a utility who fails to comply with the above subsection shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to abating the nuisance; taking possession of the facilities, evicting the utility from the right-of-way; prosecuting the violator; and/or any other remedy provided by city ordinance or otherwise at law or in equity.

History: (Ord. No. 08-15, § 1, 12-4-08)