§ 18-26.1. Replacement of gas mains, etc., of franchisees; written permission or ordinance required to tear up pavement to lay gas line, etc.; right of city to do work at franchisees expense; collection of expenses.

1.

In case gas mains, heating mains, electrical subways or conduits or service pipes or conduits shall not be laid by the company or companies having a franchise for the same or whose mains or subways are laid in said street or any connecting street after notice by mail by the city engineer to any such company requiring it to construct the same before the expiration of a period to be specified in said notice, which shall not be less than five (5) days from the mailing thereof, the city engineer shall have the power to lay the same and the cost of such service pipes and conduits and the laying thereof, shall be paid to the city on demand by the company with whose mains or main conduits the same shall connect.

2.

No pavement now or hereafter laid shall be permitted to be torn up for the laying of any gas or heating mains or electrical subways or conduits or service pipes or conduits therefrom or for any other purpose except pursuant to special or general ordinance of the common council, or permit, in writing, of the city engineer under conditions, regulations and guaranties which shall require the portion so torn up to be restored and maintained in a proper condition and state of repair during the life of said pavement.

3.

The city engineer shall in each case appoint competent inspectors to oversee the performance of any such work and the expense of such inspection shall be paid, upon demand, by the company for which the work is being done.

4.

If any such company shall fail to pay the cost of such mains, subways, conduits, and service pipes or shall fail to pay the cost of such inspection which it is liable to pay as herein provided within ten (10) days after the mailing to it of a statement thereof by the city engineer he shall forthwith report such failure to the corporation counsel who shall thereupon commence and maintain an action to recover the same.

(N.Y. Laws 1905, Ch. 684, § 23; L.L. No. 2-1925, § 1; L.L. No. 1-1928, § 6)

Editor's note

L.L. No. 2-1925 was numbered 5-1925 by the city and renumbered 2-1925 by the secretary of state.

Cross reference

Construction of sewers, Pt. C, § 7-101.