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50A - ORD TELECOMMUNICATIONS FAC
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50A - ORD TELECOMMUNICATIONS FAC
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Last modified
8/16/2018 7:22:50 PM
Creation date
8/16/2018 7:21:28 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
50A
Date
8/21/2018
Destruction Year
2023
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Sec. 33.250. - Compliance with Applicable Law and Regulations. <br />This Article is not intended to be the exclusive means of regulating installation <br />of wireless facilities in the public rights-of-way and nothing herein is intended to <br />waive any other applicable City requirements, including but not limited to building <br />permit, storm water runoff, business license, excavation and undergrounding <br />regulations. The applicant shall obtain all permits, licenses, and similar <br />authorizations that are required by other governmental entities for the installation of <br />its wireless facilities. The applicant must also comply with all applicable statutes, <br />ordinances, rules, regulations, orders, and decisions issued by any federal, state or <br />local governmental body or agency, including without limitation those issued by the <br />California Public Utilities Commission and the Federal Communications <br />Commission. <br />Sec. 33-251. - Nonexclusive Use of Public Rights -of -Way. <br />All permits to construct or place wireless facilities in the public right-of-way <br />shall be nonexclusive. The granting of a permit under this Article by the City does <br />not provide any permittee with an exclusive use of the public right-of-way. All <br />facilities permitted by this Article shall, upon the reasonable demand of the Director, <br />be relocated if required by the City to avoid potential conflicts with a proper <br />governmental use of a street, alley, sidewalk or other public place. All expenses <br />incurred in relocating shall be paid by the applicant. <br />Sec. 33-252. - Submittals. <br />Prior to the issuance of any permit, each Applicant shall provide the Agency <br />with evidence that it has obtained all applicable business licenses, state permits, <br />and other licenses, as well as insurance in an amount and form specified by the <br />Agency. <br />Sec. 33-253. - Indemnity; Insurance. <br />(a) Asa condition ofpermitissuance-under this Article, each applicant <br />shall: <br />Indemnify and hold harmless and defend the City of Santa <br />Ana, its officers and employees from and against any and all <br />suits, actions, judgments, losses, costs, demands, claims, <br />expenses (including attorney's fees), damages, and liabilities <br />of every kind for any and all claims for damage to property, or <br />injury to, or death of persons arising out of or resulting from <br />the issuance of the permit or the placement of the facility, <br />except to the extent any damage or injury is due to the <br />negligence or willful misconduct of the City, its officers or <br />employees. <br />Obtain and file with the Clerk of the Council, and thereafter <br />maintain during the term of any such permit, certificates evidencing <br />Ordinance No. NS -XXX <br />Page 18 of 21 <br />50A-22 <br />
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