[Adopted 3-20-2024 by Ord. No. 2024-3]
A.
Authority; purpose. This section is adopted pursuant to the authority
under Wis. Stat. §§ 62.16 and 196.58 authorizing municipalities
to regulate streets within their jurisdiction, including the regulation
of utilities within such streets.
B.
RIGHT-OF-WAY ("ROW")
UTILITY
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meaning given
herein:
The surface of, and the space above and below, any public
street, road, alley, highway, dedicated way, local access road or
road easement used or intended to be used by the general public for
vehicles, and any utility easement granted to the City.
Any entity, including cooperatives, that supplies electrical
energy, water, sewer, stormwater, gas, heat, cable, or communications.
C.
Location of Utilities in right-of-way. No Utility may place utility facilities, including, but not limited to, pipes, wires, conduits, pedestals, hydrants, manholes, valves or other means to provide utility services in the right-of-way without the prior, express, written approval of the City of Arcadia. For purposes of this § 336-11, the City of Arcadia Common Council may designate one or more City employees to approve the location of utility facilities in the right-of-way.
D.
Relocation. Upon reasonable notice and a written request from City
to a Utility, the Utility shall relocate any utility facilities located
within a right-of-way to a new location acceptable to the City. The
Utility shall be solely responsible for the cost to relocate utility
facilities from within the right-of-way. The City shall provide written
notice of the time by which a Utility must remove, relocate, change,
alter or bury underground its facilities and of the reason therefor,
which shall be to promote the health, safety, or public welfare. If
a Utility fails to remove, relocate, change, alter or bury underground
any utility facility as requested by the City, by the date reasonably
established by the City, the Utility shall pay all costs incurred
by the City due to such failure. Costs shall include but not be limited
to costs related to project delays. If the Utility refuses to make
a change requested by the City, the City may cause the utility facility
to be removed, relocated, changed, altered, or buried underground
at the Utility's sole expense. Upon receipt of a detailed invoice
from the City, the Utility shall reimburse the City for the costs
the City incurred. Reimbursement shall be made within 30 days of the
date of the invoice.
E.
Removal of unauthorized facilities. Unless otherwise agreed to in
writing by the City, within 30 days following written notice from
the City, the Utility and any other person who owns, controls, or
maintains any abandoned or unauthorized utility facility within the
right-of-way shall, at its own expense, remove or abandon in place
the utility facility and restore the right-of-way to its condition
prior to such removal.
F.
Removal by City.
(1)
The City retains the right and privilege to cut or move any utility
facilities located within the right-of-way, without notice, as the
City may determine to be necessary, appropriate, or useful in response
to a public health or safety emergency.
(2)
If the Utility fails to remove any facility when required to do so under this § 336-11, the City may remove the facility using qualified personnel or contractors consistent with applicable State and Federal safety laws and regulations, and the Utility shall be responsible for paying the full cost of the removal and any administrative and legal costs incurred by the City in removing the utility facility and obtaining reimbursement. Upon receipt of an invoice from the City, the Utility shall reimburse the City for the costs the City incurred within 30 days of the date of the invoice.
(3)
The City shall not be liable to any Utility for any damage to utility facilities, or for any consequential losses resulting directly or indirectly therefrom, caused by the City or its contractor in removing, relocating or altering the utility facilities pursuant to this § 336-11 or resulting from the Utility's failure to remove, relocate, alter, or bury underground its facilities as required by this § 336-11 unless such damage arises directly from the City's willful misconduct.
