(1) Nothing in this chapter shall be construed in any way to prevent the proper authorities of the City of Millersburg from sewering, grading, planking, rocking, paving, repairing, altering, improving or doing any work that the City may find desirable on, over or under any of the streets, alleys, avenues, thoroughfares, bridges and public highways, places and grounds within the City of Millersburg in or upon which the poles, wires or conductors of the grantee shall be placed, but all such work or improvement shall be done if possible so as not to obstruct or prevent the free use of said poles, wires, conductors, conduits, pipes, or other apparatus. The moving of grantee’s facilities where required due to such work by the City, will be done by grantee without cost to the City. However, any such work done for or at the request of a private individual, entity, developer or development shall be done at the expense of such private individual, entity, developer or development.

(2) The City reserves the right to vacate, alter or close any street, alley, avenue, thoroughfare, bridge, public highway or public place or ground. The City shall give grantee 30 days’ notice of its intention to vacate any street, alley, avenue, thoroughfare, bridge, public highway or public place or ground in which grantee’s facilities are located and grantee shall have the option of reserving an easement for grantee’s use in the vacated area which shall be recorded with the notice of vacation. The City may also require in the public interest, and as necessary for the peace, health and safety of the citizens of the City, the removal or relocation of facilities maintained by the grantee within the City. In such cases, the grantee shall remove and relocate such facilities within a reasonable time after receiving notice to do so from the City. The cost of such removal or relocation of its facilities shall be paid by the grantee but, when such removal or relocation is required for the convenience or benefit of any person, governmental agency or instrumentality other than the City, grantee shall be entitled to reimbursement for the reasonable costs thereof from such person, agency or instrumentality. The City shall not require grantee to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving grantee’s right therein or without requiring grantee to be compensated for the cost thereof. (Ord. 163 Exh. A, passed 10-10-2019; Ord. 86 § 4, passed 6-13-1995)