A. A Grantee shall temporarily or permanently remove, relocate, change, or alter the position of any Telecommunications facilities within the public ways whenever the Public Works Director has determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, alteration, repair or improvement of the public ways for purposes of public welfare, health or safety. Except as otherwise provided in this section or by state law, such relocation shall be performed at the cost and expense of the Grantee.

B. When the Public Works Director orders relocations under this section, the Grantee shall be given reasonable advance notice thereof, which period of time shall be no less than ninety (90) days except for emergency situations; provided, that if the Public Works Director discovers following such order any unidentified (as required by RMC 12.14.490), nonpermitted or misplaced Telecommunications facilities, such facilities shall be removed immediately. The actual number of days shall be specified by the Public Works Director in the relocation notice.

C. The Grantee may, after receipt of said notice, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Grantee in writing if any one or more of the alternatives, including the amount of time required to safely complete such relocation, is suitable to accommodate the work which would otherwise necessitate relocation of the Telecommunications facilities as stated in the City’s order. If requested, the Grantee shall submit additional information to assist the City in making such an evaluation. The City shall give each alternative proposed full and fair consideration, within a reasonable period of time, so as to allow the relocation work to be performed in a timely manner. In the event that the City ultimately determines that there is no other reasonable alternative, the Grantee shall relocate its Telecommunications facilities as otherwise provided in the order.

D. The costs and expenses associated with relocation of Telecommunications facilities shall be the responsibility of Grantee unless: (1) the Grantee has paid for the relocation cost of the same Telecommunications facilities at the request of the City within the past five (5) years; (2) aerial to underground relocation of Telecommunications facilities is required by the City and the Grantee has an ownership share of the aerial supporting structures, in which case the City shall be responsible for the additional incremental cost of aerial to underground relocation compared to aerial to aerial relocation, or as provided for in a telecommunication carrier’s tariff, if said amount is less; or (3) when the City requests relocation solely for aesthetic purposes, unless the Grantee agrees to be responsible for the costs thereof.

E. In the event that the City orders a Grantee to relocate its Telecommunications facilities for a project which is primarily for private benefit, the private party or parties causing the need for such project shall reimburse the grantee for the cost of relocation in the same proportion as their contribution to the cost of the project.

F. In the event of an unforeseen emergency which creates a threat to the public health, safety, or welfare, the City may require a Grantee to relocate its Telecommunications facilities at its own expense, any other portion of this section notwithstanding.

G. If payment of the costs of relocation is in dispute, Grantee shall still commence and complete the relocation as provided herein on a timely basis for public works projects undertaken by the City and as provided by RCW 35.99.060. Grantees shall indemnify, hold harmless, and pay the costs of defending the City against claims or liabilities for delay or delays on public improvement projects caused by their failure to relocate their Telecommunications facilities in a timely manner, unless caused by: