(1) For new construction or property development where the city requires that television cable be placed underground, the developer of the property shall give the local general manager or systems engineer of the cable franchise holder at least 30 days written notice of such construction or development. The notice shall include a copy of any final plat, the particular date on which open trenching will be available for the cable franchise holder’s installation of conduit, pedestals and/or vaults, and laterals to be provided at the cable holder’s expense. Trenching within the public way shall conform to sections 7.290 to 7.308 of this code.

(2) Notice of trench availability shall be given by certified mail, or other method which establishes the time of receipt by the cable franchise holder. Costs of trenching and easements required to bring service to the development shall be borne by the developer. If the cable franchise holder fails to install its conduit, pedestals and/or vaults, and laterals within two (2) working days of the date the trenches are available as designated in the notice, and the trenches are subsequently closed after the two-day period, the cost of new trenching shall be borne by the cable franchise holder.

(3) If the developer fails to provide the trench for the television cable and the required notice to the cable franchise holder, the city engineer may cause the trench to be provided either with city forces or by private contract, and shall give the cable franchise holder 30 days written notice of the date the trench will be available for installation of conduit, pedestals and/or vaults, and laterals.

(4) If the trench is provided through use of city forces, the developer shall be charged the amount of actual cost, as established by the city engineer. This shall consist of the basic costs of the work, including supervision, and whatever additional costs any extraordinary aspect of the work entails.

(5) If the trenching is necessitated under subsection (3) above and the work is performed under a private contract, the developer shall be charged the amount actually paid to the contractor, plus a charge for supervision as established by the city manager.

(6) The finance officer may collect the amount of any charges from the developer or cause the charge to be assessed against the property, and subject to the lien and foreclosure procedures prescribed in sections 2.540 to 2.547 of this code.

(7) In the event the cable franchise holder fails to install its conduit, pedestals and/or vaults, and laterals within two (2) working days of the date the trenches are available as designated in the notice given by the city and the trenches are subsequently closed after the two-day period, the cost of new trenching shall be borne by the cable franchise holder.