(A) The city reserves the right to construct, install, maintain and operate any public improvement, work or facility and do any work that the city may find desirable on, over or under any rights-of-way or public place. All such work shall be done, if possible, in such manner as not to obstruct, injure or prevent free use and operation of the company's facilities.
(B) Whenever the city shall excavate or perform any work in any present and/or future rights-of-way or public place of the city, or shall contract for such excavation or work, where such excavation or work may disturb but not require removal or relocation of company's facilities, the city shall notify the company sufficiently in advance of such contemplated excavation or work to enable the company to take such measures as may be deemed necessary to protect such facilities from damage and possible inconvenience or injury to the public or the city's rights-of-way or public place. If the company cannot take such measures, the company shall be required to relocate its facilities in accordance with § 13-4-5-7. In such case, the company, upon request, shall furnish field markings to the city or contractor, as the case may be, showing the location of all its facilities in the area involved in such proposed excavation or other work.
(C) Whenever the city shall vacate any rights-of-way or public place for the convenience or benefit of any person or governmental agency or instrumentality, the company's rights shall be preserved as to any of its facilities then existing in such rights-of-way or public place.
(Ord. 45-1995)