(a) Nothing in this chapter should be construed so as to grant any right or interest in any right-of-way or public property other than that explicitly set forth herein or in a permit.
(b) Nothing in this chapter shall be construed to prevent the City from constructing, maintaining, repairing or relocating any City utility, including street lighting, communications or like facilities, grading, paving, maintaining, repairing, relocating or altering any street, public property or right-of-way, or constructing, maintaining, relocating, or repairing any sidewalk or other public work or improvement. To the extent that such work requires temporary or permanent relocation or rearrangement of any facilities or structures of any permittee, such relocating or rearrangement shall be accomplished at the sole cost of the permittee in such time and in such manner as set forth in this chapter, any regulations the City may adopt or these Codified Ordinances.
(c) The City reserves the right and privilege to cut or move any facilities located within the rights-of-way as the City may deem necessary or appropriate in response to any public health or safety emergency.
(d) Unless directly and proximately caused by the willful, intentional or malicious act of the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the rights-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or any kind of work in the rights-of-way.
(e) Unless preempted by State or Federal law, in the event any right-of-way used by a permittee shall be vacated by the City during the term of any permit granted pursuant to this chapter, the permittee shall, at the permittee's expense, forthwith remove its facilities therefrom unless specifically permitted by the City to continue use of the same or such continuance of use is permitted by State law. Upon removal of said facilities, the permittee shall restore, repair or reconstruct the area where said removal occurred to a condition materially equivalent to that existing before such removal. The City shall give the permittee thirty days written notice to remove the facilities and to repair, restore, reconstruct, improve or maintain said vacated area. Should the permittee neglect or refuse to do such work or cause it to be done, the City may undertake completion of the work and the cost thereof as found and declared by the City shall be paid by the permittee as directed by the City.
(Ord. 99-64. Passed 9-7-99.)