(a) For the purpose of operating and maintaining a cable system in the franchise area, the franchisee shall comply with all applicable city construction codes and procedures.

(b) Nothing in any franchise agreement shall abrogate the right of the City to perform any public work or public improvement of any description, including without limitation all work authorized by applicable law. If the system interferes with the construction, operation, maintenance, or repair of any such public work or improvement, the franchisee, shall, at its own cost and expense, promptly protect, alter, or relocate the system or any part thereof as directed by city.

(c) If the franchisee refuses or neglects to so protect, alter, or relocate all or any part of the system, the city shall have the right in connection with the performance of such public work or public improvement to break through, remove, alter or relocate all or any part of the system without any liability to the franchisee, except for the City's willful misconduct, and the franchisee shall promptly pay to the city the costs incurred by such breaking through, removal, alteration or relocation. (Code 1979, § 13-16; Ord. No. 2005-12, § 61, 4-11-2005)