§ 16-27. Repair of damage to city property.

(a)

In the maintenance and operation of its television transmission and distribution system in the streets, alleys, and other public places, and in the course of any new construction or addition to its facilities, the franchisee shall proceed so as to cause the least possible inconvenience to the general public; any opening or obstruction in the streets or other public places made by the franchisee in the course of its operations shall be made only after having obtained prior written permission to do so from the city administrator or his representative, and the proper state and/or federal official if a state and/or federal highway is involved. All such work shall be guarded and protected at all times by the placement of adequate barriers, fences, or boardings, the bounds of which, during periods of dusk and darkness, shall be clearly designated by appropriate warning lights.

(b)

All work in any way necessitated by the business of the franchisee which may involve the opening, breaking up or tearing up of a portion of a street, sidewalk or other part of any city-owned or city-controlled property, shall be done and repaired in a manner approved by the city public works director, and may be done by the city at the expense of the franchisee, if mutually agreed upon by the city and the franchisee or by the city and charged to the franchisee if the franchisee refuses to repair the streets, sidewalks or city property promptly and/or fails to repair such in a satisfactory manner.

(c)

Nothing in this article shall grant to the franchisee any right of property in city-owned property, nor shall the city be compelled to maintain any of its property any longer than, or in any fashion other than, in the city's judgment, its own business or needs may require.

(Code 1985, § 4-409; Ord. of 4-6-1981)