Title 13 - Streets and Sidewalks
13.12 Construction on Rights-of-Way
13.12.640 Reservation of Rights.
- A.In addition to any rights specifically reserved to the City by this Chapter, 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 Chapter. The City shall have the right to waive any provision of this Chapter or any Registration, permit or other authorization granted thereunder, except those required by federal or state law, if the City determines as follows: (a) that it is in the public interest to do so; and (b) that the enforcement of such provision will impose an undue hardship on the Person. 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.
- B.Notwithstanding anything to the contrary set forth herein, the provisions of this Chapter 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.
(History: Ord. No. RW-3296 §29, 2020; Ord. RW-2184, 2000)
Effective on: 1/1/1901