(a) At the time of the adoption by the City Council of a resolution declaring the necessity of improving, paving, repaving, surfacing or resurfacing of any street wherein are located structures of a public utility company, the City Council may, by resolution, declare the necessity of requiring such public utility company or companies, at the time such street is torn up for such street improvement, to renew, replace, repair, relocate, reconstruct, remove, provide service connections for and/or extend mains, conduits, wires or other structures in or upon such street in accordance with the recommendations of the engineer in charge of the preparation of the plans and specifications for such improvement.
(b) A certified copy of such resolution, together with a written notice setting forth the time and place at which a public hearing will be given such utility company or companies by the City Council, at which they may present any objections to such resolution, shall be sent, by registered mail, by the Finance Director to each such utility company affected by such resolution.
(c) After such hearing, the City Council may require, by ordinance, such utility company or companies to renew, replace, repair, relocate, reconstruct, remove, provide service connections for and/or extend mains, conduits, wires or other structures, at the time at which such street is torn up for such improvement, in accordance with the plans, specifications and recommendations of the engineer for such improvement, and any modifications or corrections thereof that may be made by the City Council, and the Finance Director shall send a certified copy of such ordinance, by registered mail, to each such utility company affected.
(d) If such utility company fails to comply with the provisions of such ordinance, it shall be prohibited from opening or disturbing the pavement or surface of such street or thoroughfare for a period five years from and after the date of completion of such improvement. In the event of public emergency, the prohibition may be waived if such waiver is for the benefit or safety of the city.
(1964 Code, § 901.05)