(A) The city hereby expressly reserves all the following rights:
(1) To exercise its municipal home rule powers, now or hereafter, to the fullest extent allowed by law with regard to the access, use and regulation of the public rights-of-way;
(2) To amend this chapter as it shall find necessary in the lawful exercise of its municipal authority and police powers;
(3) To adopt or enact by resolution or ordinance, in addition to the provisions contained herein and in any existing applicable ordinances, such additional reasonable regulations as the City Commission finds necessary in the exercise of the city's police powers;
(4) To exercise the power of eminent domain, consistent with applicable federal and state law, to acquire property that may include that property owned or leased by a communications services provider;
(5) As and when deemed necessary by the City Commission to be in the interest of the city or its residents, to abandon portions of the public rights-of-way within the proper exercise of its municipal authority and without notice to or the consent of any communications services provider. The city shall not be responsible for any costs, damages, loss or other expense to the communications services provider as a result of the city's abandonment of any public rights-of-way.
(6) To place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the city in the public rights-of-way occupied by any communications services provider;
(7) Without limitation, to alter, change, or cause to be changed, the grading, installation, relocation, or width of any public rights-of-way within the limits of the city and within said limits as same may from time to time be altered;
(8) To require a reseller to register in accordance with § 97.05 to the extent such reseller wants the right to place or maintain facilities in the public rights-of-way. Any person using or leasing facilities owned by a registered communications services provider is not, therefore, entitled to any rights to place or maintain communications facilities in the public rights-of-way, unless such person themselves registers with the city.
(B) This chapter shall be applicable to all communications facilities placed in the public rights-of-way on or after the effective date of this chapter and shall apply to all existing communications facilities in the public rights-of- way prior to the effective date of this chapter, to the full extent permitted by state and federal law.
(C) The adoption of this chapter is not intended to affect any rights or defenses of the city or a communications service provider under any existing franchise, license or other agreements with a communications services provider.
(D) Nothing in this chapter shall affect the remedies the city or the communications services provider has available under applicable law.
(E) Any person who uses the communications facilities of a communications services provider, other than the communications services provider that owns the facilities, shall not be entitled to any rights to place or maintain such facilities in excess of the rights of the registrant that places or maintains the facilities.
(F) If provisions of this chapter conflict with any other provision of the City Code of Ordinances, or the land development regulations, the more restrictive provisions shall govern.
(Ord. 1625, passed 8-20-20)