§ 4-17. Relocation of utilities located within streets, alleys and public rights-of-way.

(a)

Notice to be given to utility companies when relocation of utilities required. Where relocation of utilities located within the streets, alleys and rights-of-way of the City of Terrell is required for construction of street, drainage, sanitary sewer, water or other public works improvements and such requirement is determined by the city engineer, then the city engineer shall give written notice to the owner of such utilities concerning the required relocation and shall include a description of the plans and improvements to be performed by the City of Terrell, the manner and relocation of the utilities and the number of days within which such relocation of utilities shall be completed.

(b)

Failure to comply, extensions. The city engineer may, upon request from the utility and for good and reasonable cause, grant an extension of time for completion of the required relocation. Delays beyond the control of the utility, such as riots, strikes, insurrection or acts of God, shall be the only acceptable excuse for delay in this relocation. Should the utility fail to accomplish the required relocation work within the specified time, or extensions granted thereto, then the city engineer shall give written notice to the utility that it has failed to comply with the terms of this section and the notice issued to relocate in accordance therewith and, should such failure continue for ten days subsequent to the mailing of the written notice, then the utility shall be subject to the penalty provided for herein.

In the event that the utilities are not relocated within the specified time, or any extensions granted thereto, subsequent to notice of failure to comply as above provided, then the City of Terrell may, at its option, subsequent to written notice of the intention of the City of Terrell to do so, remove and relocate such utilities and incur no liability for damages to property or for severance, discontinuance or interruption in service to the customers thereof, and the cost of such work shall be charged by the City of Terrell to the utility or utilities whose facilities are so removed and relocated.

(Code 1968, § 21-7)