Upon its receipt of reasonable advance notice, not to be less than five business days, the franchisee shall, at its own expense, protect, support, temporarily disconnect, relocate in the public way or remove from the public way, any property of the franchisee when lawfully required by the franchising authority by reason of traffic conditions, public safety, street abandonment, freeway and street construction, change or establishment of street grade, installation of sewers, drains, gas or water pipes, or any other type of structures or improvements by or on behalf of the franchising authority; but, the franchisee shall in all cases have the right of abandonment of its property. If public funds are available to any person using the street, easement or right-of-way for the purpose of defraying the cost of any of the foregoing, the franchising authority shall make application for the funds on behalf of the franchisee; provided the expense of making the application is paid in advance by franchisee.
(Prior Code, § 36-2-2-23) (Ord. 04-61, passed 2-2-2004, 2004 COM REC 61–71)