(A) The Director of Public Works, upon such terms and conditions as he may see fit to impose, may give the grantee of a franchise permission to abandon without removing, any facility laid, erected, constructed, operated or maintained under the franchise. The length of any such facility abandoned with such permission shall not be considered in calculating payments due under the franchise except for the time prior to the effective date of such permission. Nothing contained in the franchise shall be construed to permit the grantee any right to omit from its annual reports, if such reports are required, and from the calculation of its franchise payments the length of any abandoned facility of the grantee except in the manner set out in this section. Unless such permission is granted, the grantee shall remove all abandoned facilities within 90 days after such abandonment and shall restore the street to its former state at the time such facilities were removed, as near as may be, so as not to impair its usefulness.
(B) Abandonment of pipelines shall be done according to city specifications. Said specifications shall include that all above ground pipes, valves, and the like shall be removed, ends shall be plated after filling pipes with slurry sand, and a fee of one-half the estimated cost or removal shall be paid to the city. The franchise holder shall then have no further responsibility for the abandoned facilities, nor shall the grantee pay any annual fees for such facilities. If these conditions are not satisfied, the proposed abandoned facilities shall be considered as being deactivated and shall remain the responsibility of the grantee and shall remain on the grantee's records and maps, and the annual fees shall be paid. In the event that such payment is not made, the City Council may declare said franchise forfeited.
('64 Code, § 10-41) (Ord. 168, passed 2-9-61) Penalty, see § 10.97