Sec. 38-194. - Notice of intention to improve street.
Sec. 38-195. - Installation of new pipes, wires, etc.
Sec. 38-196. - Repair of existing pipes, wires, etc.
Secs. 38-199—38-208. - Reserved.
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Person. The word "person" shall also embrace public utility corporations, firms, associations, corporations, governmental agencies, political subdivisions and receivers and other fiduciaries; provided, however, that in the case of the Chesapeake & Potomac Telephone Company of Virginia, the word "person" shall mean the district plant engineer and the commercial manager of the Newport News branch.
Street. The word "street" shall also embrace alleys, avenues, boulevards, parks, public rights-of-way and all other public places or easements.
Structure. The word "structure" shall mean fixtures, wires, cables, vaults, culverts, manholes and other underground installations.
(Ord. No. 194, § 1; Code 1961, § 36-113)
Sec. 38-194. - Notice of intention to improve street.
Whenever the city shall determine to pave or surface any street in the city, the director of engineering shall notify, in writing, at the time plans are completed and prior to advertisement for bids and award of contract, if the work is not performed by city forces, at least one hundred twenty (120) days in advance of actual construction, all utility companies, corporations, firms, associations, receivers and other fiduciaries, governmental agencies and political subdivisions of the state operating in the city of the intention of the city to pave or surface or otherwise to improve such street.
(Ord. No. 194, § 2; Code 1961, § 36-114, Ord. No. 3111-83, § 1)
Sec. 38-195. - Installation of new pipes, wires, etc.
A person receiving the notice provided for in section 38-194 shall, within such period of one hundred twenty (120) days, at such person's own expense and cost, lay, install, construct and complete new underground pipes, mains, wires, conduits, equipment and utilities where none are then installed, including house services for each lot abutting a residential street, in advance of the street improvements contemplated by the city; provided, however, that this section is not intended to require utility companies and corporations to place existing overhead wires or cables underground, nor is it intended to hold a utility company in default where, pursuant to the terms of this article, house services have been installed, but the size of the services is found to be inadequate within the one-year period referred to in section 38-197.
(Ord. No. 194, § 2; Code 1961, § 36-115)
Sec. 38-196. - Repair of existing pipes, wires, etc.
Where the mains, pipes, conduits, wires, equipment and utilities necessary to render adequate and proper service to the abutting property are already in the street at the time a person receives the notice provided for in section 38-194, such person shall examine the same carefully and repair or replace the same wherever needed, at such person's own expense and cost, in a proper and satisfactory order and condition and install the house service for each lot abutting on such street. All repairs, including the installation of the house service, shall be made and completed by the person so notified within one hundred twenty (120) days after receipt of such notice.
(Ord. No. 194, § 3; Code 1961, § 36-116)
If any person shall fail to comply with the requirements of section 38-195 or 38-196 within the time specified, and subsequently, within one (1) year from the date of such notice, shall, without reasonable excuse satisfactory to the director of public works or in event of an emergency, install new underground pipes, mains, wires, conduits, equipment and utilities, including house services, and in so doing cuts into the street surface or in any manner disrupts the street pavement or hard surface, such person shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). Each street opening shall constitute a separate offense, and, in addition thereto, such person shall restore the pavement or hard surface required under existing city ordinances at such person's own cost and expense.
(Ord. No. 194, § 4; Code 1961, § 36-117)
When the city is confronted with monetary loss or damage caused by delay of any person receiving notice as provided in section 38-194, by the failure to install underground pipes, mains, wires, conduits, equipment and utilities, as provided for in this article, within the specified time, the city manager shall, when ordered by the city council, cause the work to be done and charge all the cost and expense thereof to the person in default, to be collected as any other debt due the city.
(Ord. No. 194, § 5; Code 1961, § 36-118)