§ 78-386. City retention of rights and authority.

(a)

Nothing in this article shall affect the city's authority to create, annex, vacate, or abandon city public rights-of-way, and the city makes no warranties or representations regarding the availability of any created, annexed, vacated or abandoned public rights-of-way for communications facilities.

(b)

Nothing in this article shall affect the city's authority over its rights of way and the city shall retain the right, without limitation, to alter, change, or cause to be changed, the grading, installation, location, relocation or width of the public rights-of-way within the limits of the city. Upon reasonable notice by the city, the registrant shall make any necessary removals, relaying and relocations of its communications services facilities at its own expense, in accordance with applicable law.

(c)

The city reserves the right to place and maintain, and permit to be placed or maintained, water, sewer, storm drainage, communications or other types of facilities, cables or conduits, 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 the registrant.

(d)

The city retains the right, from time to time, to grant utility easements or otherwise place and maintain, or permit the placement and maintenance, of other utilities in the public rights-of-way, including but not limited to, water, sewer, electric, gas, storm drainage, communications, traffic, and other utilities and facilities, cables or conduit, and including underground and overhead installations or improvements that may be deemed necessary or proper by the city in the public rights-of-way occupied by the registrant.

(e)

The city retains the right and authority to cut or remove any facilities located within the public rights-of-way as the mayor in his reasonable discretion may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the city shall attempt to notify the owner of the facility, if known, prior to cutting or removing a facility and shall notify the owner of the facility, if known, after cutting or removing a facility.

(Ord. No. 4774-18, § 2, 10-22-2018)