Sec. 86-9Access to premises

(a) Duly authorized agents of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of installing or removing city property, inspecting piping, reading and testing meters, or for any other purposes in connection with the utility service and its facilities.

(b) Customer agrees that if a condition exists on a customer's premises, which, in the city's sole opinion, is dangerous to the city's representatives or the city's equipment and/or prevents reasonable access to city's equipment, city may remove or relocate its equipment at the customer's sole expense.

(c) Customer shall furnish to city, at all times and at no cost to city, a satisfactory and lawful right-of-way through its premises for city's equipment necessary or incidental to the furnishing of service; if required to do so by city, customer shall execute a written right-of-way agreement. The customer may make full use and enjoyment of the lands and premises included within the right-of-way granted by this paragraph in any manner not inconsistent with the use and purposes of said land and premises to city; provided, however, that the customer, its heirs, successors, and assigns, shall not construct nor permit to be constructed any house, structure, or obstruction, nor impound any water nor permit to be impounded any water on or over the right-of-way, and the customer, its heirs, successors, and assigns, further agrees that the customer, and its heirs, successors, and assigns, will not change the grade over the pipeline or pipelines in any manner which will reduce the depth of said pipeline or pipelines. The customer shall also furnish suitable space and satisfactory protection for city's equipment installed on the premises.

(d) Customer's request for service and acceptance of such service from city shall be deemed to grant to city an implied right-of-way over the premises, if customer has not executed a written right-of-way agreement as requested by city.

(e) If a customer uses service before the service agreement is effective, such service shall nevertheless be governed by these rules and regulations and the applicable rate schedule(s) from the commencement of such service. City may discontinue such service upon failure or refusal of the customer to agree to the conditions of service and pay in full any amounts due for service to that date. Before terminating service for nonpayment of amounts due for service, city will provide notice to the customer.