(a) Modification or Waiver of Requirements. It is within the City Engineer’s reasonable discretion to modify or waive a requirement or requirements of this Chapter where such requirements, in the City Engineer’s judgment, are not necessary or appropriate to protect the City’s interests in managing its Rights-of-Way and the purposes and intent of this Chapter.
(b) Preemption by State and Federal Law. Except as may be preempted by applicable State or Federal laws, rates, regulations, and orders, this Chapter shall apply and be controlling over each Service Provider with Facilities in the Rights-of-Way, and Contractors performing work related to those Facilities.
(c) Application to City-Owned or Operated Facilities. Contractors working on City owned or operated Facilities shall comply with all requirements of this Chapter.
(d) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this Chapter and any other section of the City’s Codified Ordinances, the provisions of this Chapter shall apply.
(e) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, that decision shall not affect the validity of the remaining portions hereof.
(Ord. 2007-124. Passed 12-18-07.)