A. Nothing in this Chapter shall contract away, modify, abridge, impair, or affect, in any way, to any extent, the right of the City to acquire any facility located in the public rights-of-way through the exercise of the right of eminent domain.
B. There is reserved to the City every right and power which is required to be reserved or provided by any ordinance of the City. Every person subject to this Chapter by its use of the public rights-of-way agrees to be bound thereby and to comply with any action or requirements of the City in its exercise of such rights or power, heretofore or hereafter enacted established.
C. Neither the execution of encroachment permit agreement nor any provision of this Chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the City, including the City's authority to make any proper public use of the public rights-of-way.
D. The City shall have the right to supervise all construction or installation work performed subject to the provisions of this Chapter and make such inspections as the City finds necessary to ensure compliance with the terms of this Chapter, an encroachment permit agreement, or any other local, state or federal law, regulation, permit or standard.
E. Any permittee granted an encroachment permit agreement shall at the permittee's expense, protect, support, temporarily disconnect, relocate or remove from any public rights-of-way, any facility when required by the City by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, undergrounding of power lines, signal lines, and tracks, or any other public use of the public rights-of-way.
(Ord. No. 2001-007 § 1)