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consistent with the requirements of Tukwila Municipal Code § 11.32.090(B), unless
<br />otherwise exempted from this requirement, in writing, by the Public Works Director,
<br />provided however, this requirement shall not apply to the Facilities that are required to
<br />remain above ground in order to be functional.
<br />M. Relocation.
<br />1. The City shall have the right to require Franchisee to alter, adjust, relocate,
<br />re -attach, secure, or protect in place its Facilities within the public right-of-way when
<br />reasonably necessary for construction, alteration, repair, or improvement of any portion
<br />of the public rights-of-way for purposes of public welfare, health, or safety ("Public
<br />Improvements"). Such Public Improvements include, but are not limited to: public rights-
<br />of-way construction; public rights-of-way repair (including resurfacing or widening);
<br />change of public rights-of-way grade; construction, installation, or repair of sewers, drains,
<br />water pipes, power lines, signal lines, communication lines, or any other type of
<br />government-owned communications, utility or public transportation systems, public work,
<br />public facility, or improvement of any government-owned utility; public rights-of-way
<br />vacation, and the construction of any public improvement or structure by any
<br />governmental agency acting in a governmental capacity. In the event the City requires
<br />Franchisee to relocate its Facilities, the City shall provide Franchisee with written notice
<br />requesting such relocation, along with plans for the public improvement that are
<br />sufficiently complete to allow for the initial evaluation, coordination, and the development
<br />of a relocation plan. The City and Franchisee shall meet at a time and location determined
<br />by the City to discuss the project requirements including critical timelines, schedules,
<br />construction standards, utility conflicts, as -built requirements, and other pertinent
<br />relocation plan details. The City shall notify Franchisee as soon as practicable of the
<br />need for relocation and shall specify the date by which relocation shall be completed.
<br />Except in case of emergency such notice shall be no less than ninety (90) days.
<br />2. To ensure timely execution of relocation requirements, Franchisee shall,
<br />upon written request from the City, provide at Franchisee's expense, base maps, current
<br />as -built information, detailed relocation plan (including detailed schedule of relocation
<br />activities, identification of critical path, identification of Facilities, and relocation
<br />procedures), and other design, technical, or operational requirements within the
<br />timeframe specified by the City.
<br />3. Franchisee may, after receipt of written notice requesting a relocation of its
<br />Facilities, submit to the City written alternatives to such relocation within the time specified
<br />by the City. Such alternatives shall include the use and operation of temporary Facilities
<br />in adjacent rights-of-way. The City shall evaluate such alternatives and advise
<br />Franchisee in writing if one or more of the alternatives are suitable to accommodate the
<br />work, which would otherwise necessitate relocation of the Facilities. If requested by the
<br />City, Franchisee shall submit additional information to assist the City in making such
<br />evaluation. The City shall give each alternative proposed by Franchisee full and fair
<br />consideration. In the event the City, in its sole discretion, decides not to accept the
<br />alternatives suggested by Franchisee, Franchisee shall relocate its Facilities as directed
<br />by the City.
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