§ 14.08.080. Prior existing installations—Maintenance—Relocation—Costs.

A.

Utility facilities, within a right-of-way subject to this chapter, installed prior to the effective date of this ordinance may remain in place as installed unless relocation of the prior existing utility is required for the installation or construction of a road or another utility within the right-of-way. In the event that such relocation is required, the relocated facility must comply with the provisions of this chapter.

B.

The release from compliance granted under this section does not create the presumption the existing facility was properly or reasonably installed. Further while this release allows maintenance of existing facilities for their useful life, except as otherwise provided herein, it does not authorize an upgrade or relocation of the existing facility without complying with the provisions of this chapter.

C.

Responsibility, if any, for the cost of relocation shall be determined in accordance with rulings of the Alaska Public Utilities Commission and any tariffs approved under its rules.

(Ord. No. 94-56, § 1(part), 1995)