11A - 2ND RD ORD TELECOMMUNICATION FACILITIES

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or additional insured shall be effective until after twenty (20) days' notice thereof has been given in writing to the Clerk of the Council. (b) Applicants who self -insure shall so state and attest in writing in the Application, which self-insurance in an amount equal to the amount required by this Article or the Guidelines, whichever is higher, shall be subject to approval by the City. Sec. 33.254. - Coordination with other Projects In Public Flights -Of -Way. To the maximum extent possible and as permitted by law, an applicant shall design and schedule its Work so as to coordinate its Work with other persons installing, constructing, or maintaining wireless facilities and other infrastructure in the public right-of-way and with the City. Sec. 33.255. - Provisions for Underground Utility Districts. If a wireless facility is placed on a utility pole or other structure that becomes an underground utility district, adopted by resolution of the City Council, the wireless facility must be relocated to another structure at the owner's expense. Relocation of the wireless facility Is subject to this code. Sec. 33-256. - Protection of Urban Forest. The applicant may be required to retain, at Its own cost, a certified arborist to advise the applicant's contractor doing underground work in the public right-of-way as to appropriate locations for underground vaults, conduits and other equipment and root pruning techniques, if needed, so as to ensure minimal impact to existing trees and other landscaping materials that are a part of the City's urban forest. The applicant's arborist shall coordinate their work with city staff. Sec. 33.257. - Non -Compliance; No Waivers. No permittee shall be excused from complying with any of the provisions of this Article by any failure of the City on any one or more occasions to seek, or insist upon, compliance with any requirements or provisions of this Code. Regardless of the City's failure to seek compliance on any occasion, such action shall not be considered a waiver of any requirements of this Code. Sec. 33-258. - Future Changes in the Law. The City's rights under this Article are coextensive with the City's rights under state law with regard to the use of the public right-of-way by telephone corporations (as defined by the Public Utilities Code). If future changes to state or federal law authorize the City to regulate telephone corporation activity within the City and the public rights- of-way to a greater degree than is now authorized by this Article, nothing in this Article will be deemed to limit, restrict in any way, or to modify the City's exercise of that regulatory authority. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of Ordinance No. N$ -XXX Page 19 of 21 11 A-21