[Ord. No. 1527 §1, 8-7-2006]
This Article shall be construed in a manner consistent with
all applicable Federal, State and local laws. Notwithstanding any
other provisions of this Chapter to the contrary, the construction,
operation and maintenance of the ROW user's facilities shall be in
accordance with all laws and regulations of the United States, the
State and any political subdivision thereof or any administrative
agency thereof having jurisdiction. In addition, the ROW user shall
meet or exceed the most stringent technical standards set by regulatory
bodies, including the City, now or hereafter having jurisdiction.
The ROW user's rights are subject to the Police powers of the City
to adopt and enforce ordinances necessary to the health, safety and
welfare of the public. The ROW user shall comply with all applicable
laws and ordinances enacted pursuant to that power. Finally, failure
of the ROW user to comply with any applicable law or regulation may
result in a forfeiture of any permit, registration or authorization
granted in accordance with this Article.
[Ord. No. 1527 §1, 8-7-2006]
The City's failure to enforce or remedy any non-compliance of
the terms and conditions of this Article or of any right-of-way permit
granted hereunder shall not constitute a waiver of the City's rights
nor a waiver of any person's obligation as herein provided.
[Ord. No. 1527 §1, 8-7-2006]
A.
In
addition to any rights specifically reserved to the City by this Article,
the City reserves unto itself every right and power which is required
to be reserved by a provision of any ordinance under any registration,
permit or other authorization granted under this Article. The City
shall have the right to waive any provision of this Article or any
registration, permit or other authorization granted thereunder, except
those required by Federal or State law, if the City determines as
follows:
1.
That it is in the public interest to do so; and
2.
That the enforcement of such provision will impose an undue hardship
on the person.
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To be effective, such waiver shall be evidenced by a statement
in writing signed by a duly authorized representative of the City.
Further, the City hereby reserves to itself the right to intervene
in any suit, action or proceeding involving the provisions herein.
Notwithstanding anything to the contrary set forth herein, the provisions
of this Article shall not infringe upon the rights of any person pursuant
to any applicable State or Federal Statutes including, but not limited
to, the right to occupy the right-of-way.
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