(A) The city, by the granting of a right-of-way permit, or by registering a person under this chapter, does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights, which it has now or may be hereafter vested in the city under the constitution and statutes of the state or the ordinance of the city to regulate the use of the right-of-way by the permittee; and the permittee by its acceptance of a right-of-way permit or of registration under those ordinances agrees that all lawful powers and rights, regulatory power or police power, or otherwise as are or the same may be from time to time vested in or reserved to the city, shall be in full force and effect and subject to the exercise thereof by the city at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances necessary to the safety and welfare of the public deemed to agree to comply with all applicable general laws and ordinances enacted by the city pursuant to such powers.
(B) Any conflict between the provisions of a registration or of a right-of-way permit and any other present or future exercise of the city’s regulatory or police powers shall be resolved in favor of the latter.
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)