Rohnert Park Municipal Code Ch. 5.34 Public Rights-of-Way

A. The public rights-of-way and other public property are a substantial asset managed by the city in trust for its citizens. It is the city's obligation, and has been the historical role of the city, to manage the rights-of-way in a manner which best promotes the health, safety and welfare of its citizens, and results in fair compensation for occupancy and use of the rights-of-way.

B. The city maintains and strives to keep in good repair the rights-of-way, at substantial and ongoing cost, Although the general taxpayers bear the financial burden of these costs, a primary cause for the early and excessive deterioration of the rights-of-way is their frequent excavation, construction and reconstruction by telecommunications providers who receive revenue and profit from their use of public property.

C. The Federal Telecommunications Act of 1996 (Section 256(c)) confirms the authority of local governments "to manage the public rights-of-way" and "to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way,"

D. The Telecommunications Act of 1996 requires that actions taken by the city be "competitively neutral and nondiscriminatory." This requirement obligates the city to establish a regulatory structure that treats all rights-of-way occupants and applicants on a nondiscriminatory basis,

E. This chapter is intended to conform to the provisions of federal and state law relating to the regulation of providers of public and private utilities, including but not limited to, telecommunications providers (including telephone companies), natural gas providers, and electricity providers.

F. Nothing in this chapter shall be construed to prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.

(Ord. 660 § 1 (part), 2000)

It is the intent of this chapter to:

A. Establish a regulatory and management structure and procedures for the occupancy and use of the public rights-of-way by all telecommunications providers as lawfully allowed by federal and state law;

B. Encourage the entry of new telecommunications providers, on a competitively neutral and nondiscriminatory basis;

C. Establish nondiscriminatory procedures by which the city receives fair compensation for the occupancy and use of its public rights-of-way;

D. Establish nondiscriminatory procedures by which the adverse effects of the use of the rights-of-way by a multiplicity of telecommunications providers, such as congestion, damage, inconvenience to the public and visual blight, can be minimized.

(Ord. 660 § 1 (part), 2000)

For the purposes of this chapter, the following words, phrases, and terms shall have the meanings set forth herein. Words not defined shall be given their common and ordinary meaning.

A. "Cable service" means the one-way transmission to subscribers of video programming or other programming service; and subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

B. "Facility" means any fiber optic, coaxial or copper cable; telephone, telecommunications, electric, or other wire or line; oil, gas or other pipeline; duct conduit, cabinet, tunnel, vault, equipment drain, manhole, splice, box, surface location marker, pole, structure, utility or other appurtenance, structure, property or tangible thing owned, leased, operated or licensed by a person and located or proposed to be located in, upon, above, beneath or across any public right-of-way or other public property.

C. "Licensee" means any person with whom the city has executed a right-of-way agreement under this chapter or any lawful successor, transferee or assignee of such person.

D. "Person" means an individual, partnership, association, joint-stock company, trust, corporation or governmental entity, and any lawful successor, transferee or assignee,

E. "Public property" means any property owned, controlled or managed by the city.

F. "Public right-of-way" means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under city authority and located within the city limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, public rights-of-way and similar public property and areas that the city shall permit to be included within the definition of public right-of-way from time to time.

G. "Right-of-way agreement" means the authorization granted by the city to a person under this chapter giving the person a nonexclusive right to occupy certain space in, upon, above, beneath or across any public right-of-way for the purpose of providing a specified service.

H. "Telecommunications service" means any service defined as telecommunications service in the Federal Telecommunications Act of 1996, as it may be amended and as it is interpreted by a court of final jurisdiction, including but not limited to telephone services, cellular telephone services, personal communications services, internet services, open video system services and other similar services but excluding cable service.

(Ord. 702 § 1, 2003; Ord. 660 § 1 (part), 2000)

No person shall place, construct, own, control, operate, manage or use any facility in, upon, above, beneath or across any public right-of-way or on public property without first obtaining a right-of-way agreement from the city for such purpose in compliance with the provisions of this chapter. The execution of a right-of-way agreement pursuant to this chapter shall not diminish, abrogate or otherwise affect a licensee's obligation to comply with any other applicable provision of this Code or state or federal law, including, but not limited to, the following:

A. Any permit or authorization required for the privilege of transacting business within the city as required by the code or ordinances of general applicability of the city;

B. Any permit, agreement or authorization required in connection with activities in, upon, above, beneath or across the public rights-of-way, including by way of example but not limitation, street work, street excavation, use, removal and relocation of property within a street, and other street work;

C. Any permits or agreements for occupying any other property of the city to which access is not specifically granted by the right-of-way agreement including, without limitation, permits and licenses for placing devices on or in poles, conduits, or other structures or facilities or property owned by the city or other governmental entity;

D. Any and all provisions of Title 17 of this Code.

This section shall apply to any person that owns, leases, operates or licenses any facility on the effective date of the ordinance codified in this chapter or that thereafter proposes to own, lease, operate or license any facility.

(Ord. 660 § 1 (part), 2000)

A. Any person who is a party to an existing agreement or franchise with the city that authorizes the use of the public rights-of-way, and which agreement or franchise is in full force and effect on the effective date of the ordinance codified in this chapter, shall not be subject to Section 5.32.040 until such time as the existing agreement or franchise expires or is terminated. If an existing agreement or franchise for use of the public right-of-way contains within it a provision for the renewal or extension of the agreement or franchise, then renewal or extension shall be negotiated and executed pursuant to the terms of this chapter.

B. Facilities temporarily placed in the public rights-of-way for a period not to exceed three months, when such facilities have been otherwise approved by the city engineer.

C. Any person providing cable service pursuant to a franchise granted under Chapter 5.24 of this Code; provided however, that if a person using the public right-of-way to provide cable service also uses the public right-of-way to provide a telecommunications service, such person shall be required to comply with Section 5.32.040 in order to use facilities to provide the telecommunications service. "Use" of the public right-of-way shall be interpreted consistently with the Telecommunications Act of 1996.

D. Any person that leases or otherwise uses any facility that is the subject of an agreement required by Section 5.32.040 between the city and the owner, operator, controller or manager of that facility (the "existing agreement"), shall not be subject to Section 5.32.040 until such time as either (1) there is a transfer of the facility to such person as defined by Section 5.34.150; or (2) the existing agreement limits the use of the facility to telephone service governed by Section 7901 of the Public Utilities Code, and such person proposes to use the facility to provide a telecommunications service other than telephone service governed by Section 7901 of the Public Utilities Code.

(Ord. 660 § 1 (part), 2000)

Any person using a facility that is not required to enter into a right-of-way agreement pursuant to Section 5.34.040 shall register its use with the city on a form provided by the city manager. "Use" of the public right-of-way shall be interpreted consistently with the Telecommunications Act of 1996.

(Ord. 660 § 1 (part), 2000)

Application for a right-of-way agreement required by Section 5.32.040 shall be in writing on a form provided by the city, shall be filed with the city engineer, and shall contain the following information:

A. The name and address of the applicant including any affiliates;

B. The name, address and telephone number of an officer, agent or employee who will serve as the contact point for the applicant;

C. A statement and description of the facilities to be placed, constructed, owned, controlled, operated, managed or used by the applicant; the proposed location of such facilities; the manner in which the applicant proposes to place, construct, own, control, operate, manage or use the same; the extent and manner in which existing or future poles or other facilities of other persons will be used; and the time period of the proposed construction, if any;

D. A detailed description and location map of the public rights-of-way or other public property within which the applicant proposes or seeks authority to place, construct, own, control, operate, manage or use any facilities; a detailed description and location map of the facilities to be installed in public rights-of-way and any adjacent public and private facilities, equipment or property; and a detailed description of the proposed traffic control plans and street repairs;

E. A description of any surplus conduit that the applicant intends to install, if any, and the capacity of the facilities being installed or previously installed. If the applicant is proposing to install facilities without utilizing existing surplus conduit, the applicant shall submit a description of all existing surplus conduits along the proposed route together with an explanation of why that existing surplus conduit is not being utilized;

F. Evidence that the applicant has contacted all other potential licensees, known to the applicant, who have, or who are reasonably likely to be installing facilities along all or part of the same route, have informed the applicant of such plans, and have offered to participate in a joint installation project on reasonable terms;

G. Copies of all license, permits, franchises or other written authorizations received by the applicant from the Federal Communications Commission, the California Public Utilities Commission, or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant's activities or facilities under the proposed right-of-way agreement;

H. The city may at any time demand, and the applicant shall provide, such supplementary, additional or other information as the council or city staff may deem reasonably necessary to determine whether the requested right-of-way agreement should be granted so long as such information is used to manage the public right-of-way in a competitively neutral and nondiscriminatory basis;

The city engineer shall refer the application to any city council subcommittee on telecommunications matters and other interested city departments for review and comment.

(Ord. 660 § 1 (part), 2000)

Each application for a right-of-way agreement shall be accompanied by payment to the city of an application fee in an amount determined by resolution of the city council, necessary to pay all estimated expenses incurred by the city in connection with the processing of such application and the execution of a right-of-way agreement, including any expense incurred by the city for outside technical or legal services to review any such application or agreement and submit a recommendation thereon. Any application fee adopted pursuant to this section shall be fair and reasonable and shall be applied in a competitively neutral and nondiscriminatory basis. No portion of the fee shall be considered a tax or any portion of compensation or revenue due to the city under this chapter or code, or any other local, state or federal law for use of the public rights-of-way.

(Ord. 660 § 1 (part), 2000)

A. Upon receipt of a completed application for a right-of-way agreement and consideration thereof, the city council may, by resolution or ordinance, grant or deny the requested right-of-way agreement. If the right-of-way agreement is granted, the application submitted shall constitute and form part of the right-of-way agreement as executed. If the application is denied, the resolution shall include the reason(s) for denial,

B. In considering whether to grant or deny a requested right-of-way agreement, the city council shall apply the following criteria;

1. The applicant's ability to install and maintain the facilities described in the application;

2. The capacity of the public rights-of-way identified in the application to accommodate the applicant's proposed facilities and any foreseeable additional facilities of the applicant or other licensees which may need to be accommodated;

3. The city's future plans for the affected public right-of-way or public property;

4. The damage or disruption, if any, of public or private facilities, improvements, service, travel, or landscaping by the proposed use;

5. The availability of existing or future alternate routes or locations for the applicant's proposed facilities;

6. Any licenses, permits, or franchises received by the applicant from the Federal Communications Commission, the California Public Utilities Commission, or any other federal or state regulatory commission or agency having jurisdiction concerning any matters affecting the applicant's proposed activities or facilities;

7. Any other consideration deemed pertinent for safeguarding the health, welfare and safety of the city and the public.

C. If a right-of-way agreement is approved, the right-of-way agreement shall not be effective unless and until the city and licensee have executed a written document that memorializes the right-of-way agreement and contains, at a minimum, the following:

1. The purpose(s) and uses(s) of the public rights-of-way authorized by the right-of-way agreement;

2. The right of the city to audit licensee to ensure such purposes and uses have not been violated;

3. The terms and conditions for licensee's use of the public rights-of-way, including all conditions imposed by the city council in its approval of the agreement;

4. The right-of-way usage fee, if any, or the methodology for determining the fee to be paid to the city by licensee pursuant to Section 5.32.100;

5. Incorporation of the provisions of this chapter and licensee's right-of-way agreement application;

6. Any other material determined to be necessary or prudent by the city.

(Ord. 660 § 1 (part), 2000)

Unless otherwise specified in the right-of-way agreement, a right-of-way agreement executed under this chapter shall be valid for a period of ten years.

(Ord. 660 § 1 (part), 2000)

A licensee may apply to amend its right-of-way agreement to revise the rights-of-way within which the licensee proposes to place, construct, own, control, operate, manage or use its facilities, as long as the type of facilities and the use of such facilities is already authorized by the licensee's existing rights-of-way agreement. The amendment application shall contain the information required under Section 5.32.060, and shall be accompanied by the application fee specified in Section 5.32.070. The city council shall, by resolution or ordinance, approve or deny the amendment application in whole, in part, or with additional conditions, applying the following criteria:

A. The considerations set forth in Section 5.32.080;

B. The applicant's history and current compliance with any applicable right-of-way agreement, this chapter, or any other applicable local, state or federal law, regulation or policy;

C. The capacity of the streets, alleys, or other public rights-of-way identified in the amendment application to accommodate the applicant's facilities and use(s) of the public rights-of-way.

(Ord. 660 § 1 (part), 2000)

A licensee that desires to renew its right-of-way agreement may file an application with the city for renewal not more than one year nor less than one hundred and eighty days before expiration of its current right-of-way agreement. The renewal application shall contain the information required under Section 5.32.060, and shall be accompanied by the application fee specified in Section 5.32.070. Within one hundred and eighty days after receipt of a completed renewal application, the city council shall, by resolution or ordinance, grant or deny the renewal application in whole, in part or with additional conditions, applying the following criteria:

A. The considerations set forth in Section 5.32.080;

B. The applicant's history and current compliance with any applicable right-of-way agreement, this chapter or any other applicable local, state or federal law, regulation or policy;

C. The continuing capacity of the streets, alleys or other public rights-of-way identified in the renewal application to accommodate the applicant's facilities and use(s) of the public rights-of-way.

(Ord. 660 § 1 (part), 2000)

Each right-of-way agreement granted under this chapter is subject to the city's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid by licensee for the property rights granted in the right-of-way agreement; provided that nothing in this chapter shall prohibit the city and licensees from agreeing and fixing in the right-of-way agreements the compensation to be paid for the privileges granted therein. This section shall not apply to right-of-way agreements approved and executed for right-of-way uses governed by Chapter 5.12 of this Code, the Broughton Act (Cal, Pub. Util. Code §§ 6001 et seq.), the Franchise Act of 1937 (Cal. Pub. Util. Code §§ 6201 et seq.), Section 7901 of the Public Utilities Code, or Section 10101 of the Public Utilities Code.

(Ord. 660 § 1 (part), 2000)

A. Licensee shall, prior to the issuance of any permit for construction in the public rights-of-way, deliver to the city a performance bond in the amount of one hundred percent of the total estimated cost of all work relating to the public right-of-way to be performed under such permit, as determined by the city engineer at the time of application. The bond shall be provided in a form acceptable to the city and maintained in full force and effect until the permitted work in the public rights-of-way is completed to the satisfaction of the city engineer, whereupon the amount of the bond shall be reduced to ten percent of the actual cost of the work and shall be maintained by licensee for a period of one year as a guarantee the work is of good quality and free from any defective or faulty material or workmanship. The surety supplying the bond must be an "admitted surety insurer," as defined in Section 995.120 of the Code of Civil Procedure, authorized to do business in the state of California. Return of the bond shall be conditioned upon licensee's faithful performance of all work in the public rights-of-way specified in the applicable permit. In the event licensee fails to comply with any provision of this chapter related to such work, or any provision of any applicable right-of-way agreement, permit or other approval related to such work, there shall be recoverable from the bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification, cost of removal, or abandonment of any property of licensee, plus a reasonable allowance for attorneys' fees and costs up to the full amount of the bond.

B. Neither the provisions of this section nor any damage recovered by the city hereunder shall be construed to excuse licensee's faithful performance of any right-of-way agreement or limit the liability or damages of licensee under this chapter, either to the full amount of the bond or otherwise.

(Ord. 660 § 1 (part), 2000)

Licensee's facilities shall be placed, constructed, owned, controlled, operated, managed and used solely and exclusively for the purpose(s) and use(s) expressly set forth in licensee's right-of-way agreement. Licensee shall not in any way use, or authorize or allow another person to use, any facility subject to licensee's right-of-way agreement for any purpose or use other than the purpose(s) and use(s) expressly set forth in the right-of-way agreement.

(Ord. 660 § 1 (part), 2000)

The execution of a right-of-way agreement is a privilege to be held in personal trust by licensee. Subject to applicable law, no right-of-way agreement or any facility permitted thereunder shall be sold, leased, licensed, assigned, disposed of or otherwise transferred ("transfer"), in whole or in part, either by involuntary or voluntary sale, merger, consolidation, stock transfer, transfer in trust or otherwise, if such transfer results in a nonrevocable transfer of control, without the prior written notification of the city. A sale or transfer of stock, assets or other equitable interests of licensee, or of any parent, subsidiary or other affiliate or licensee, which effects a material change in licensee's ownership or control, as determined by the city, shall be deemed to be a transfer for purposes of this section. A rebuttable presumption that a transfer has occurred shall arise upon the acquisition or transfer by any person or group of persons of fifty percent or more of the beneficial ownership interest of the grantee or its parent. Any proposed transferee must agree to comply with all provisions of the right-of-way agreement and this chapter.

(Ord. 660 § 1 (part), 2000)

A. Any right-of-way agreement executed under this chapter shall be for the nonexclusive use of the public rights-of-way. By executing a right-of-way agreement, the city does not agree to restrict the number of right-of-way agreements to be executed that cover all or any part of the city for any person in the same business, a competing business or a related business as the licensee.

B. A right-of-way agreement only authorizes licensee to use the public rights-of-way, and the use of any other public property, whether located within or outside a public right-of-way, is strictly prohibited unless authorized by a separate agreement with the city.

C. No reference herein, nor in any right-of-way agreement shall be deemed to be a representation or guarantee by the city that its interest or other right to control the use of the property that is the subject of a right-of-way agreement is sufficient to permit its use for the purposes specified in the agreement. Any right-of-way agreement executed under this chapter shall be deemed to grant no more than the rights which the city may have the authority to grant.

D. Any privilege claimed by licensee in any public right-of-way shall be subordinate to any prior lawful occupancy of the public right-of-way.

E. Licensee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or of any right-of-way agreement executed under this chapter or because of its enforcement except for the sole negligence or wilful misconduct of the city.

(Ord. 660 § 1 (part), 2000)

A. Conformance with Applicable Law. No person shall place, construct, own, control, operate, manage or use any facility in, upon, above, beneath or across any public right-of-way without first obtaining all necessary or required permits, agreements or approvals from the city and all other governmental entities with jurisdiction over the facility or public right-of-way. All facilities shall be maintained in compliance with such permits, agreements or approvals, and all applicable statutes, ordinances, rules, regulations, orders and decisions issued by an federal, state or local governmental body, agency or court.

B. Time, Place and Manner. All facilities shall be located, constructed, operated and maintained in the time, place and manner that causes the least interference with the public's use of the public rights-of-way, and the rights or reasonable convenience of property owners who adjoin the public rights-of-ways, in conformance with Chapter 17.64 of this Code.

C. Key Map and Facilities Plan. Every person subject to this chapter shall cause a key map and detailed facilities plan showing all facilities to be located in the public rights-of-way, including the material of construction and horizontal and vertical locations with respect to property lines and grade lines, to be prepared by a registered professional civil engineer and filed in the office of the city engineer prior to the issuance of any permit or approval for installation. Prior to requesting the issuance of a permit for installation of any facility, the key map and detailed improvement plan shall be filed with any other entity that owns, operates or manages facilities in the affected rights-of-way, so that such entities may advise the city engineer as to any location, operation or compatibility problems created by licensee's proposed use of the rights-of-way. The final version of these documents shall be submitted to the city engineer in hard copy and in digital format as approved by the city engineer.

D. Disclosure. Upon the request of any person who has contracted to perform work on a public right-of-way, persons subject to this chapter shall provide accurate detailed information regarding the location of their existing and proposed facilities in the public rights-of-way.

E. Undergrounding. In those areas and portions of the city where the transmission or distribution facilities of any person providing telephone service, cable service or electric service are underground or hereafter may be placed underground, all other facilities shall be constructed, operated and maintained underground.

F. Pole Attachments. Where existing poles or other wire-holding structures are available for use, the city council may require such poles and structures to be used if it determines that the public convenience would be enhanced thereby, and the terms of the use are just and reasonable.

(Ord. 660 § 1 (part), 2000)

Every person subject to this chapter shall, in accordance with state law, at its expense, protect, support, temporarily disconnect, relocate or remove from any public right-of-way, any facility of such person when required by the city engineer by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks, or any other public use of the public rights-of-way.

(Ord. 660 § 1 (part), 2000)

A. Notice of Removal. In the event the use of any facility is discontinued for any reason for a continuous period of six months, or in the event any facility has been installed in any public right-of-way without complying with the requirements of this chapter, or in the event the required right-of-way agreement is terminated, canceled or expired, the owner of such facility shall promptly, upon being given thirty days' prior notice, remove from the public rights-of-way all such facilities, other than any which the city engineer may permit to be abandoned in place. In the event of such removal, the area from which such facility has been removed shall be promptly restored to a condition satisfactory to the city engineer.

B. Abandonment. Any facility remaining in place one hundred and twenty days after the delivery of the notice set forth in this section shall be considered permanently abandoned. The city engineer may extend such time as may be necessary under the circumstances.

C. "In Place" Abandonment. Any facility abandoned in place in the public rights-of-way shall be abandoned in such manner as the city engineer shall prescribe. Upon permanent abandonment, the facility shall become that of the city and the owner of such facility shall submit to the city engineer an instrument in writing, to be approved by the city attorney, transferring ownership of the facility to the city.

(Ord. 660 § 1 (part), 2000)

A. The city, its elected officials, officers, employees and agents shall not be liable for any damage to or loss of any facility placed in, upon, above, beneath or across a public right-of-way unless such damage or loss is caused by the negligence or wilful misconduct of the city.

B. Any damage done directly or indirectly to any public right-of-way or other public property or improvement, by any person subject to this chapter, shall be promptly repaired, at the person's sole cost and expense, to the complete satisfaction of the city. Alternatively, the city may, in its sole discretion, choose to perform the repair work itself, in which case the responsible person shall reimburse the city for the full costs of the repair work within thirty days after receiving a statement detailing such costs.

(Ord. 660 § 1 (part), 2000)

Every person subject to this chapter shall defend, indemnify and hold harmless the city, its elected officials, officers, employees and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence or wilful misconduct of licensee, its personnel, employees, agents or subcontractors in connection with the performance of a right-of-way agreement or the use of any public right-of-way. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine or injury to property or persons, including wrongful death, which is caused by the negligence or wilful misconduct of the city as determined by a court or administrative body of competent jurisdiction.

(Ord. 660 § 1 (part), 2000)

Every person subject to this chapter shall procure and maintain a policy of general liability insurance as required to insure such person and the city against all liability for personal injury, including accidental death, as well as claims for property damage which may arise from or which concern the activities of the person or the existence of the person's facilities in the public rights-of-way. The amount and terms under which the insurance is provided shall be determined by the city engineer and included in the right-of-way agreement.

(Ord. 660 § 1 (part), 2000)

A. Criminal Penalties, Any person who violates any provision of this chapter shall be guilty of a misdemeanor or an infraction.

B. Civil Penalties. Any person who violates any provision of this chapter, or who breaches a right-of-way agreement executed under this chapter, shall be liable to the city for a civil penalty of one thousand dollars. For continuing violations or breaches, each day a violation or breach continues shall be deemed a separate violation or breach subject to an additional civil penalty.

C. Termination. If a licensee breaches a right-of-way agreement executed under this chapter, the city may, following reasonable notice, an opportunity to cure, and a hearing, terminate the right-of-way agreement.

D. Cumulative Remedies. The remedies under this section are nonexclusive and cumulative, and shall be in addition to any other remedy the city may have at law or in equity.

(Ord. 660 § 1 (part), 2000)

A. Nothing in this chapter shall contract away, modify, abridge, impair or affect, in any way, to any extent, the right of the city to acquire any facility located in the public rights-of-way through the exercise of the right of eminent domain.

B. There is reserved to the city every right and power which is required to be reserved or provided by any ordinance of the city, and every person subject to this chapter, by its use of the public rights-of-way, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.

C. Neither the execution of a right-of-way agreement nor any provisions of this chapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city, including the city's authority to make any proper public use of the public rights-of-way.

D. The city council may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter subject to its lawful police powers.

E. The city shall have the right to supervise all construction or installation work performed subject to the provisions of this chapter and make such inspections as it finds necessary to ensure compliance with the terms of this chapter, a right-of-way agreement, or any other local, state or federal law, regulation, permit or standard.

F. The city reserves the right to impose regulations and requirements pursuant to this chapter as determined appropriate by subsequent interpretations of federal and state law.

(Ord. 660 § 1 (part), 2000)