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Relocation of District Facilities

The following provisions shall apply to requests to relocate existing District facilities.


Responsibility for Relocation Costs
The cost to relocate any existing District-owned facility or facilities shall be the responsibility of, and paid by, the entity engaging in the activity that necessitates the relocation, including, but not limited to, any county, city, town, special district, regulated public entity or private party.


Definition
“Cost of relocation” includes all costs and expenses properly attributable to the requested relocation, including, but not limited to, costs for survey, right-of-way acquisition, design engineering, inspection, materials, construction, permits and licenses, transportation, administrative overhead, and any reasonable costs necessarily incurred to modify or repair any other District facility where such repair or modification is made necessary by the relocation.


Increased Capacity
Nothing herein contained shall prevent the District from requiring an increase in the capacity of or the over-sizing of the relocated facility; provided, however, that should the same occur, the District will be responsible for paying that share of the relocation cost attributable to said increase in capacity or over-sizing.


Performance of the Work
The District shall have the right to design and construct, or cause to be designed and constructed, the facility or facilities to be relocated, all costs to be paid by the party requesting relocation in accordance with this policy statement. The District, at its option, may allow the party requesting relocation to design and construct the relocation of any District facility, provided the same is done pursuant to a written agreement entered into between the District and the relocating party, which is approved by the District’s Board of Directors, and which allocates the cost of relocation in accordance with this policy statement.


Determination of the Extent and Necessity for Relocation
In all cases, the necessity and extent of any relocation of District facilities shall be made by the District.


Policy Considerations
The allocation of relocation costs provided by this policy statement is designed to be fair and equitable to all parties and promote sound public policy by distributing said costs to the beneficiaries of the new project rather than adding them to the costs previously assumed by the District’s taxpayers and customers. In addition, by imposing relocation costs upon the entity that seeks to disturb the status quo, the District seeks to:


a) Deter over-zealous and needless project planning by creating an economic incentive to avoid unnecessary utility relocations;
b) Recognize and promote the District’s legitimate monetary and budgetary expectations with regard to the construction of its facilities and the useful life thereof;
c) Recognize the physical, legal and practical limitations and constraints on the District to defray the cost of relocations required by other entities; and
d) Reduce waste and the allocation of scarce resources.


Procedure for Requesting Relocation Follow the link below to view the procedure for requesting the relocation of any District facility.

Download - PC Procedures for Requesting Relocation.FORM.pdf


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