§ 16.38.440. Relocation of facilities—Following other authorized, conflicting installations—Conditions.
Latest version.
The county reserves the right for itself, for all cities and public entities which
are now or may later be established, to lay, construct, repair, alter, relocate and
maintain subsurface or other facilities or improvements of any type or description
in a governmental but not proprietary capacity within the highways over which the
franchise is granted. If the county or city or other public entity finds that the
location or relocation of such facilities or improvements conflicts with the facilities
laid, constructed or maintained under the franchise, whether such facilities were
laid before or after the facilities of the county or such city or such public entity
were laid, the grantee of such franchise shall, at no expense to the county or city
or public entity, on or before the date specified in a written request from the road
commissioner, which date shall be not less than 30 days after the receipt of such
notice and request to do so, commence work to change the location, either permanently
or temporarily, of all facilities so conflicting with such improvements to a permanent
or temporary location in said highways to be approved by the road commissioner, and
thereafter diligently prosecute such work to completion. If such highway is subsequently
constituted a state highway, while it remains a state highway the rights of the state
of California shall be as provided as in Section 680 of its Streets and Highways Code.
