(A) The utility, by applying for, accepting and performing work under any permit and by occupying street right-of-way by unwritten consent, assumes the obligation by law and gives implied assurance of financial responsibility for all costs of the initial installation, operation, maintenance, servicing and removal or relocation if required, of the utility facility and shall bear, or when applicable shall require its contractor or subcontractor to bear all costs of any restoration and/or repairs to the utility facility and any street property disturbed or damaged in the initial installation and/or subsequent maintenance or servicing operations associated with, or resulting from normal operations ant requirements in the occupancy of street right-of-way or property.
(B) The utility shall further be responsible for ail costs of any restoration or repair work as may be necessary due to failure or break in the utility facility which results in damage to either or both the utility facility or street property and shall also be responsible for other work as nay be required by the city if the utility’s facilities are not maintained in a good state of repair. The utility shall wake emergency repairs to breaks or line failure which cause any hazard to the public, interference to traffic or damage to street or alley property, as promptly as reasonably possible after learning of the break or failure.
(C) This section in no way alters existing statutory methods of determining reimbursable amounts that may be due to the utility companies.
(`90 Code, § 19-99) (Ord. 2714, passed 1-18-83)