Every permit for an excavation in or under the surface of any public street, alley, other right-of-way area or public easements, as required in this chapter, shall be issued subject to the right of the city or any person entitled thereto to use that part of such street, alley or right-of-way area which may be lawfully used, which does not comprise any part of the area required for such excavation. (Ord. 1970 NCS §3 (part), 1994; Ord. 1369 NCS §2 (part), 1979.)