1028.17 PRESERVATION OF RIGHTS.
   (a)   Nothing in this chapter should be construed to grant any right or interest in any right-of-way other than that explicitly set forth herein or in a right-of-way permit.
   (b)   Nothing in this chapter shall be construed to prevent the City from constructing, maintaining, repairing or relocating any City utility, communications or other facilities; vacating, grading, paving, maintaining, repairing, relocating or altering any street, public property or right-of-way; or constructing, maintaining, repairing or relocating any sidewalk, bike path or other public work or improvement. To the extent that such work requires temporary or permanent relocation or rearrangement of any facilities or structures of any right-of-way permit holder, such relocating and rearranging shall be at the sole cost of the right-of-way permit holder in such time and in such manner as set forth in the regulations.
   (c)   The City retains the right and privilege to cut or move any facilities located within the rights-of-way as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
   (d)   Unless directly caused by willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any facility within the rights-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the rights-of-way.
(Ord. 77-99. Passed 1-11-2000; Ord. 43-19. Passed 1-26-21.)