[Adopted 7-25-2016 by Ord. No. 16-07]
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DIVISION 1
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GENERAL PROVISIONS
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(a)
The City finds that the passage of the Telecommunications Act of
1996 has resulted in increased use of the public rights-of-way and
increased costs to the taxpayers of the City and that these costs
are likely to continue into the foreseeable future.
(b)
The City finds that excavation and occupancy of the public rights-of-way
causes direct and indirect costs to be borne by the City and its taxpayers,
including but not limited to:
(1)
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(2)
Management costs associated with ongoing management activities
necessitated by public rights-of-way users.
(3)
Repair costs to the roadway associated with the actual excavation
into the public right-of-way.
(4)
Degradation costs, defined as depreciation caused to the roadway
in terms of decreased useful life, due to excavations into the public
rights-of-way.
(c)
In response to the foregoing facts, the City hereby enacts this new
article relating to administration of and permits to excavate, obstruct
and/or occupy the public rights-of-way, together with an ordinance
making necessary revisions to other Code provisions. This article
imposes reasonable regulations on the placement and maintenance of
facilities currently within its rights-of-way or to be placed therein
at some future time. It is intended to complement the regulatory roles
of state and federal agencies.
(d)
The City's authority to enact this article is pursuant, but not limited to, the following federal, state and local authority: 47 U.S.C. § 253(c); § 62.11(5), Wis. Stats.; § 66.0425, Wis. Stats.; § 66.0915, Wis. Stats.; § 86.16, Wis. Stats.; § 182.017, Wis. Stat; § 196.58(1), Wis. Stats; § 196.499(1), Wis. Stats., and §§ 98-206, Sections 62-31 through 62-38, 62-96, and 62-241 through 62-251 of the Municipal Code of the City of Lake Geneva.
(e)
The purpose of this article is to provide the City a legal framework
within which to regulate and manage the public right-of-way and to
provide for recovery of costs. This article provides for the health,
safety and welfare of the residents of the City as they use the rights-of-way
of the City, as well as to ensure the structural integrity of the
public rights-of-way. The City desires to minimize and anticipate
the number of excavations taking place thereon and to regulate the
placement of facilities within the rights-of-way to ensure that they
remain available for public services. The taxpayers of the City bear
the financial burden for the upkeep of the right-of-way. A primary
cause for the early and excessive deterioration of its rights-of-way
is the frequent excavation by persons who locate facilities therein.
(f)
Under this article all persons who excavate, obstruct and/or occupy
the public rights-of-way will reimburse the City's administrative
ongoing management and degradation costs. Right-of-way users will
bear a fair share of the financial responsibility for the integrity
of the public rights-of-way.
(a)
The following definitions apply in this article. References hereafter
to "sections" are, unless otherwise specified, references to sections
in this article. Defined terms remain defined terms whether or not
capitalized.
(b)
ALTERNATIVE TELECOMMUNICATIONS UTILITY OTHER
APPLICANT
CITY
DEGRADATION
DEPARTMENT
DEPARTMENT INSPECTOR
EMERGENCY
EXCAVATE
FACILITIES
IN
LOCAL REPRESENTATIVE
OBSTRUCT
OCCUPY
PERMITTEE
PERSON
PSC
PUBLIC UTILITY
REGISTRANT
REPAIR
REPAIR BOND
RIGHT-OF-WAY
SERVICE or UTILITY SERVICE
SUPPLEMENTARY APPLICATION
TELECOMMUNICATIONS CARRIER
TELECOMMUNICATIONS PROVIDER
TELECOMMUNICATIONS RIGHTS-OF-WAY USER
TELECOMMUNICATIONS SERVICE
TELECOMMUNICATIONS UTILITY
UNUSABLE FACILITIES
As used in this article, the following terms shall have the meanings
indicated:
Has the meaning in § 196.01, Wis. Stats.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
The City of Lake Geneva, Wisconsin, a Wisconsin municipal
corporation.
The accelerated depreciation of the right-of-way, caused
by an excavation of the right-of-way, resulting in the need to reconstruct
such right-of-way earlier than would be required if the excavation
did not occur.
The Department of Public Works of the City.
Any person authorized by the Department to carry out inspections
related to the provisions of this article.
A condition that:
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
All equipment owned, operated, leased or subleased in connection
with the operation of a service or utility service, and shall include
but is not limited to poles, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, lines and other structures
and appurtenances.
When used in conjunction with "right-of-way," means over,
above, in, within, on or under a right-of-way.
A local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make
decisions for that registrant regarding all matters within the scope
of this article.
To place any object in a right-of-way so as to hinder free
and open passage over that or any part of the right-of-way.
To dwell or reside above, on, in, or below the boundaries
of the public right-of-way.
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the City under this article.
Municipality, corporation, company, association, firm, partnership,
limited liability company, limited liability partnership and individuals
and their lessors, transferees and receivers.
The Public Service Commission of the State of Wisconsin.
Has the meaning provided in Sec. 196.01(5), Wis. Stats.
Any person who has registered with the City to:
To perform construction work necessary to make the right-of-way
usable for travel, according to Department specifications, or to return
facilities to an operable condition.
A performance bond, a letter of credit, or cash deposit posted
to ensure the availability of sufficient funds to assure that right-of-way
excavation repair work is completed in both a timely and quality manner,
per Department specifications.
The surface and space above and below a public roadway, highway,
street, bicycle lane and public sidewalk in which the City has an
interest, including other dedicated rights-of-way for travel purposes.
Includes municipal sewer and water services and also includes,
except as provided herein, but is not limited to: (1) those services
provided by a public utility as defined in § 196.01(5),
Wis. Stats.; (2) telecommunications, pipeline, fire and alarm communications,
water, electricity, light, heat, cooling energy, or power services;
(3) the services provided by a district heating or cooling system;
and (4) cable service as defined and regulated under 47 U.S.C. §§ 521
through 573. Wireless telecommunications service and cellular mobile
radio telecommunications (CMRS) services as defined by Section 332(d)
of the Federal Communications Act of 1996 [47 U.S.C. § 332(d)(1)]
are excluded, unless these services have a presence in the right-of-way.
An application made to excavate or obstruct more of the right-of-way
than allowed in or to extend a permit that had already been issued.
Has the meaning in § 196.01, Wis. Stats.
Has the meaning in § 196.01, Wis. Stats.
A person owning or controlling a facility in the public right-of-way,
or seeking to own or control a facility in the public right-of-way
that is used or is intended to be used for transporting telecommunication
or other voice or data information. This includes telecommunications
providers, utilities, ATUs, and carriers.
The offering for sale or the conveyance of voice, data or
other information at any frequency over any part of the electromagnetic
spectrum, including the sale of service for collection, storage, forwarding,
switching and delivery incidental to such communication and including
the regulated sale of customer premises equipment. Telecommunications
service does not include cable television service, wireless service
or broadcast service.
Has the meaning in § 196.01, Wis. Stats.
Facilities in the right-of-way which have remained unused
for one year and for which the registrant is unable to provide proof
that it has either a plan to begin using them within the next 24 months
or a potential purchaser or user of the facilities.
The Department of Public Works (Department) is responsible for
the administration of the rights-of-way, and the permits and ordinances
related thereto.
(a)
Registration.
(1)
Each person who occupies, uses, or seeks to occupy or use the right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have facilities located in any right-of-way shall register with the Department and pay the fee set forth in Section 62-312. Registration will consist of providing application information and paying a registration fee, which shall be established by resolution of the City Council from time to time. The registration fee shall be in an amount sufficient to recover the costs incurred by the City for processing registrants. This fee shall be computed as average labor costs, indirect costs, and other costs associated with registration.
(2)
This section shall not apply to those persons exclusively utilizing
facilities provided by another right-of-way user.
(b)
Registration prior to work. No person may construct, install, repair,
remove, relocate, or perform any other work on, or use any facilities
or any part thereof in any right-of-way without first being registered
with the Department.
(c)
Exceptions. Nothing herein shall be construed to repeal or amend
the provisions of a City ordinance requiring persons to plant or maintain
the tree lawn in the area of the right-or-way between their property
and the street curb, construct sidewalks, install street signs or
perform other similar activities. Persons performing such activities
shall not be required to obtain any permits under this article.
(a)
Information required. The information provided to the Department
at the time of registration shall include, but not be limited to:
(1)
Each registrant's name, Diggers Hotline registration certificate
number, address and e-mail address, if applicable, and telephone and
facsimile numbers.
(2)
The name, address and e-mail address, if applicable, and telephone
and facsimile numbers of a local representative. The local representative
or designee shall be available at all times. Current information regarding
how to contact the local representative in an emergency shall be provided
at the time of registration.
(3)
All right-of-way users shall demonstrate to the satisfaction
of the City the financial capability to cover any liability which
might arise out of their presence in the right-of-way.
(4)
If the person is a corporation, an LLC or LLP, a copy of any
certificate required to be filed under Wisconsin Statutes, as recorded
and certified to by the Secretary of State.
(5)
A copy of the person's certificate of authority from the
Wisconsin Public Service Commission or other applicable state or federal
agency, where the person is lawfully required to have such certificate
from said Commission or other state or federal agency.
(b)
Notice of changes. The registrant shall keep all of the information
listed above current at all times by providing to the Department information
as to changes within 15 working days following the date on which the
registrant has knowledge of any change.
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DIVISION 2
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EXCAVATION PERMIT REQUIREMENT
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No person shall excavate in any street, alley or public ground
without a permit therefor from the Department of Public Works.
Before a permit may be issued for excavating in any public street,
way or alley, the person applying for such permit shall execute to
the City and deposit with the City Clerk a corporate surety approved
by the City in the sum set from time to time by the Building Inspector
or a cash bond in the sum set from time to time by the Building Inspector,
conditioned that he will perform faithfully all work with due care
and skill and in accordance with the laws, rules, regulations and
provisions of the construction manual applicable thereto. The bond
shall state that the person will indemnify and save harmless the City
and the owner of the premises against all damages, costs, expenses,
outlays and claims arising out of unskillfulness or negligence on
his part in connection with such excavating. Such bond shall remain
in force and shall be executed for one year, except on such expiration
it shall remain in force as to all penalties, claims and demands that
may have accrued thereunder prior to such expiration.
No permit shall be issued if the method of construction or the
location of the work to be performed will impair the public safety
and convenience. The permit holder shall erect such barriers, warning
lights and signs as will adequately inform the traveling public of
the nature and location of the work being performed.
The person to whom a permit is issued under this article shall
complete the work involved as soon as possible and shall immediately
repair all pavements, gutters and sidewalks in as good a condition
as before the opening and as may be directed by the City.
No person shall close any street or portion thereof for excavation,
repair or construction of the street, gutters, sewers, water mains
or for any other reason without obtaining a permit from the City.
He or she shall notify the Police Chief, the Fire Chief and the Director
of Public Works and utilities at least 24 hours prior to the time
at which the street or any portion of the street would be closed.
(a)
Permit required. No person shall break or remove any curb within
the City without a permit therefor from the City.
(b)
Application; permit. The application for such permit shall be executed
by the applicant stating the exact location where he intends to break
or remove the curb and the reason for the need to do so.
Fees for work on City property shall be as adopted from time
to time by the Public Works Committee and presented in the construction
manual.
(a)
Timing. The work to be done under the excavation permit, and the repair of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable under Section 62-318.
(b)
Repair. In addition to repairing its own work, the permittee must
repair the general area of the work, and the surrounding areas, including
the paving and its foundations, to the specifications of the Department.
The Department shall inspect the area of the work and accept the work
when it determines that proper repair has been made, per specifications
of the Department. A permittee may request to have the City repair
the right-of-way.
(1)
City repair. If the permittee requires the City to repair the
right-of-way, the City may accept or reject the request at its sole
option. If the City accepts, the permittee shall be billed for the
City's costs and shall pay the amount thereof within 30 days
of billing.
(2)
Permittee repair. If the permittee chooses to repair the right-of-way,
it shall at the time of application for an excavation permit post
a repair bond in an amount determined by the Department to be sufficient
to cover the cost of repairing the right-of-way to Department specifications.
If, 12 months after completion of the repair of the right-of-way,
the Department determines that the right-of-way has been properly
repaired, the surety on the repair bond shall be released.
(c)
Standards. The permittee shall perform repairs according to the specifications
of the Department and/or in the conditions specified in the permit.
The Department shall have the authority to prescribe the manner and
extent of the repair, and may do so in written procedures of general
application or on a case-by-case basis.
(d)
Guaranties. The permittee guarantees its work and shall maintain it for 12 months following its completion, except for organic material which shall be maintained for 12 months. During this period it shall, upon notification from the Department, correct all repair work to the extent necessary, using the method required by the Department. Said work shall be completed within 10 calendar days of the receipt of the notice from the Department, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 62-318.
(e)
Failure to repair. If the permittee fails to repair the right-of-way
in the manner and to the condition required by the Department, or
fails to satisfactorily and timely complete all repair required by
the Department, the Department, at its option, may do such work. In
that event, the permittee shall pay to the City, within 30 days of
billing, the cost of repairing the right-of-way. If permittee fails
to pay as required, the City may exercise its rights under the repair
bond.
The permittee may elect to restore the excavation and surrounding pavement in lieu of repair and a degradation fee. If restoration is elected, the Department shall specify the area to be restored, and the methods and materials to be used for the restoration. The permittee shall then also comply with the preceding Section 62-313(a) through (e) as applied to restoration instead of repair.
(a)
Notice of completion. When the work under any permit hereunder is
completed, the permittee shall notify the Department.
(b)
Site inspection. The permittee shall make the work site available
to the Department and to all others as authorized by law for inspection
at all reasonable times during the execution of and upon completion
of the work.
(c)
Authority of Department. At the time of inspection the City may order the immediate cessation of any work which poses a threat to the life, health, safety or well-being of the public. The City may issue an order to the registrant for any work that does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant shall present proof to the Department that the violation has been corrected. If such proof has not been presented within the required time, the Department may revoke the permit pursuant to Section 62-319.
(a)
Joint application. Registrants may jointly apply for permits to excavate
the right-of-way at the same place and time.
(b)
With City projects. Registrants who join in a scheduled excavation
performed by the City, whether or not it is a joint application by
two or more registrants or a single application, are not required
to pay the degradation portion of the excavation permit fee.
(c)
Shared fees. Registrants who apply for permits for the same excavation,
which the Department does not perform, may share in the payment of
the excavation permit fee. Registrants must agree among themselves
as to the portion each will pay and indicate the same on their applications.
(a)
Limitations on area. An excavation permit is valid only for the area
of the right-of-way specified in the permit. No permittee may perform
any work or excavate outside the area specified in the permit, except
as provided herein. Any permittee which determines that an area greater
than that specified in the permit must be excavated must, before working
in that greater area:
(b)
Limitation on dates. An excavation permit is valid only for the dates
specified in the permit. No permittee may begin its work before the
permit start date or, except as provided herein, continue working
after the end date. If a permittee does not finish the work by the
permit end date, it must apply for a new permit for the additional
time it needs, and receive the new permit or an extension of the old
permit before working after the end date of the previous permit.
(c)
Fees for supplementary Applications. A permittee shall pay administration
costs for any additional permits.
(d)
A permittee is not required to pay an additional degradation fee
for the same excavation, if one has already been paid on the original
permit.
(a)
Compliance with other laws. Obtaining a permit to excavate and/or
occupy the right-of-way does not relieve the permittee of its duty
to obtain all other necessary permits, licenses, and authority and
to pay all fees required by any other City, county, state, or federal
rules, laws or regulations. A permittee shall comply with all requirements
of local, state and federal laws, including but not limited to Section
98-206(7)(c). A permittee shall perform all work in conformance with
all applicable codes and established rules and regulations, and is
responsible for all work done in the right-of-way pursuant to its
permit, regardless of who does the work.
(b)
Prohibited work. Except in an emergency, or with the approval of
the Department, no right-of-way excavation may be done when seasonally
prohibited or when conditions are unreasonable for such work.
(a)
Grounds. The Department may refuse to issue a permit or may revoke,
suspend or refuse to extend an existing permit if it finds any of
the following grounds:
(2)
The applicant or permittee is seeking to perform work not included in its construction and major maintenance plan required under Section 62-313, which work was reasonably foreseeable by the applicant or permittee at the time said plan was filed;
(3)
Issuance of a permit for the requested date would interfere
with an exhibition, celebration, festival, or other event;
(4)
Misrepresentation of any fact by the applicant or permittee;
(5)
Failure of the applicant or permittee to maintain required bonds
and/or insurance;
(6)
Failure of the applicant or permittee to complete work in a
timely manner;
(7)
The proposed activity is contrary to the public health, safety
or welfare;
(8)
The extent to which right-of-way space where the permit is sought
is available;
(9)
The competing demands for the particular space in the right-of-way;
(10)
The availability of other locations in the right-of-way or in
other rights-of-way for the facilities in the right-of-way;
(11)
The applicability of ordinances or other regulations of the
right-of-way that affect location of facilities in the right-of-way;
(12)
The condition and age of the right-of-way, and whether and when
it is scheduled for total or partial reconstruction; or
(13)
The applicant or permittee is otherwise not in full compliance
with the requirements of this chapter or state or federal law.
(b)
Discretionary issuance. Notwithstanding Subsection (a), the Department may issue a permit where issuance is necessary to:
(c)
Appeals. Any person aggrieved by a decision of the Department revoking,
suspending, refusing to issue or refusing to extend a permit may file
a request for review with the Board of Public Works. A request for
review shall be filed within 10 days of the decision being appealed.
Following a hearing, the Board of Public Works may affirm, reverse
or modify the decision of the Department.
(a)
Emergency situations.
(1)
Each registrant shall immediately notify the City by verbal
notice on an emergency phone number provided by the City of any event
regarding its facilities that it considers to be an emergency. The
registrant may proceed to take whatever actions are necessary to respond
to the emergency. Within two business days after the occurrence of
the emergency, the registrant shall apply for the necessary permits,
pay the fees associated therewith and otherwise fully comply with
the requirements of this article.
(2)
If the City becomes aware of an emergency regarding a registrant's
facilities, the Department may attempt to contact the local representative
of each registrant affected or potentially affected by the emergency.
The City may take whatever action it deems necessary to protect the
public safety as a result of the emergency, the cost of which shall
be borne by the registrant whose facilities occasioned the emergency.
(b)
Nonemergency situations. Except in an emergency, any person who,
without first having obtained the necessary permit, excavates a right-of-way
must subsequently obtain a permit, and shall, in addition to any penalties
prescribed by this article, pay double the normal fee for said permit,
pay double all the other fees required by this article or other chapters
of the City Code, deposit with the Department the fees necessary to
correct any damage to the right-of-way and comply with all of the
requirements of this article.
If the excavation of the right-of-way begins later or ends sooner
than the date given on the permit, the permittee shall notify the
Department of the accurate information as soon as this information
is known.
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DIVISION 3
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FACILITIES; INDEMNIFICATION; SEVERABILITY
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(a)
Undergrounding. Under conformity with local, state, and federal law,
unless existing aboveground facilities are used, the installation
of new facilities and replacement of old facilities shall be done
underground or contained within buildings or other structures in conformity
with applicable codes.
(b)
Corridors. The Department may assign specific corridors within the
right-of-way, consistent with Wisconsin Public Service Commission
standards. All excavation or other permits issued by the Department
involving the installation or replacement of facilities shall designate
the proper corridor for the facilities at issue consistent with the
Wisconsin Public Service Commission's corridor selection standards.
(c)
Limitation of space. The Department may prohibit or limit the placement
of new or additional facilities within the right-of-way if there is
insufficient space to accommodate all of the requests of persons to
occupy and use the right-of-way. In making such decisions, the Department
shall strive to the extent possible to accommodate all existing and
potential users of the right-of-way, but may prohibit or limit the
placement of new or additional facilities when required to protect
the public, health, safety or welfare.
(d)
Any structures resembling communication towers shall be located and
comply with the standards set forth in Section 98-206(7) of the City
of Lake Geneva Zoning Ordinances as amended from time to time.
(e)
Relocation of facilities.
(1)
Except as prohibited by state or federal law, a registrant must
promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its facilities in the
right-of-way whenever the Department requests such removal and relocation,
and shall restore the right-of-way to the same condition it was in
prior to said removal or relocation. The Department may make such
request to prevent interference by the company's facilities with:
a.
A present or future City use of the right-of-way;
b.
A public improvement undertaken by the City;
c.
An economic development project in which the City has an interest
or investment;
d.
When the public health, safety and welfare require it; or
e.
When necessary to prevent interference with the safety and convenience
of ordinary travel over the right-of-way.
(2)
Notwithstanding the foregoing, a person shall not be required
to remove or relocate its facilities from any right-of-way which has
been vacated in favor of a nongovernmental entity unless and until
the reasonable costs thereof are first paid to the person therefor.
(a)
When the City performs work in the right-of-way and finds it necessary
to maintain, support, shore, or move a registrant's facilities,
the City shall notify the local representative. The registrant shall
meet with the City's representative within 24 hours and coordinate
the protection, maintenance, supporting, and/or shoring of the registrant's
facilities. The registrant shall accomplish the needed work within
72 hours, unless the City agrees to a longer period.
(b)
In the event that the registrant does not proceed to maintain, support,
shore, or move its facilities, the City may arrange to do the work
and bill the registrant, said bill to be paid within 30 days.
The permittee expressly acknowledges and agrees, by acceptance
of the permit, to indemnify, defend, and hold harmless the City, its
officers, boards, committees, commissions, elected officials, employees
and agents from and against all loss or expense (including liability
costs and attorney's fees) by reason of any claim or suit, or
of liability imposed by law upon the City or its agents or employees
for damages because of bodily injury, including death at any time
resulting therefrom, sustained by any person or persons or on account
of damages to property, including loss of use thereof, arising from,
in connection with, caused by or resulting from the permittee's
acts or omissions in the exercise of its rights under this permit,
whether caused by or contributed to by the City or its agents or employees.
(a)
Discontinued operations.
(1)
A registrant who has determined to discontinue its operations
in the City must either:
a.
Provide information satisfactory to the Department that the
registrant's obligations for its facilities under this article
have been lawfully assumed by another registrant; or
b.
Submit to the Department a proposal and instruments for dedication
of its facilities to the City. If a registrant proceeds under this
clause, the City may, at its option:
1.
Accept the dedication for all or a portion of the facilities;
or
2.
Require the registrant, at its own expense, to remove the facilities
in the right-of-way at ground or above ground level; or
3.
Require the registrant to post a bond or provide payment sufficient
to reimburse the City for reasonably anticipated costs to be incurred
in removing the facilities.
(2)
However, any registrant who has unusable and abandoned facilities
in any right-of-way shall remove them from that right-of-way within
two years, unless the Department waives this requirement.
(b)
Abandoned facilities. Facilities of a registrant who fails to comply with Section 62-325(a), and which for two years remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the City may, at its option, abate the nuisance, take possession of the facilities, or require removal of the facilities by the registrant, or the registrant's successor in interest.
(c)
Public utilities. This section shall not apply to a public utility
as defined by § 196.01(5), Wis. Stats.
The City, by the granting of a permit to excavate, obstruct
and/or occupy the right-of-way, or by registering a person under this
article does not surrender or to any extent lose, waive, impair, or
lessen the lawful powers and rights, which it has now or maybe hereafter
granted to the City under the Constitution and statutes of the State
of Wisconsin to regulate the use of the right-of-way by the permittee;
and the permittee by its acceptance of a permit to excavate, obstruct
and/or occupy the right-of-way or of registration under this article
agrees that all lawful powers and rights, regulatory power, or police
power, or otherwise as are or the same may be from time to time vested
in or reserved to the City, shall be in full force and effect and
subject to the exercise thereof by the City at any time. A permittee
or registrant is deemed to acknowledge that its rights are subject
to the regulatory and policy powers of the City to adopt and enforce
general ordinances necessary to the safety and welfare of the public
and is deemed to agree to comply with all applicable general law,
and ordinances enacted by the City pursuant to such powers.
If any section, subsection, sentence, clause, phrase, or portion
of this article is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions
thereof.
