926.26 SEPARABILITY.
   If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine by a final, non-appealable order that any permit, right or any portions of this chapter are illegal or unenforceable, then any such permit or right granted or deemed to exist hereunder shall be considered as a revocable right-of-way privilege permit with a mutual right in either party to terminate without cause upon giving sixty days written notice to the other. The requirements and conditions of such a revocable right of way privilege permit shall be the same requirements and conditions as set forth in the permit, right or registration, respectively, except for conditions relating to the term of the permit and right of termination. If a permit or right shall be considered a revocable right-of-way privilege permit as provided herein, the provider must acknowledge the authority of the City to issue such permit and the power to revoke it.
(Ord. 2018-09. Passed 6-19-18.)