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75A - PH - ORDINANCE AMEND SAMC TELECOM FACILITIES
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03/21/2011
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75A - PH - ORDINANCE AMEND SAMC TELECOM FACILITIES
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Last modified
1/3/2012 3:49:48 PM
Creation date
3/17/2011 1:23:15 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/21/2011
Destruction Year
2016
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lss2/25/ 11 <br />Sec. 33-245. Compliance with Applicable Law and Regulations <br />This Article is not intended to be the exclusive means of regulating installation of <br />Facilities in the public right of way and nothing herein is intended to waive any other <br />applicable City requirements, including but not limited to building permit, storm water <br />runoff, business license, excavation and undergrounding regulations. The <br />applicant/permittee shall obtain all permits, licenses, and similar authorizations that are <br />required by other governmental entities for the installation of its Facilities. The <br />applicant/permittee must also be and remain in compliance 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 Commission. <br />Sec. 33-246. Nonexclusive Use of public right of way <br />All permits to construct or place Facilities in the public right of way shall be <br />nonexclusive. The granting of a permit under this article by the City does not provide <br />any permittee with an exclusive use of the public right of way. <br />All telecommunication facilities permitted by this chapter shall, upon the demand of the <br />Director, 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 telecommunication facility owner. <br />Sec. 33-247. Director's Guidelines <br />To the extent not preempted by applicable laws, the Director may prescribe additional <br />guidelines covering the location, size and depth of excavations in public streets and <br />sidewalks as the Director may deem necessary for the public safety and welfare. Where <br />such guidelines are general in character and are designed to apply to all excavations of <br />a certain type or nature, they shall be promulgated in writing showing the date of their <br />enactment, and a copy thereof, duly certified to by the Director shall be kept on file <br />where they may be made available for public inspection upon the demand of any <br />person. All Work performed under this Article shall be subject to such guidelines. <br />33-248. Submittals <br />Prior to the issuance of any permit, each Applicant shall provide the Agency with <br />evidence that it has obtained all applicable business licenses, state permits, and other <br />licenses, as well as insurance in an amount and form specified by the Agency. <br />Sec. 33-249. Indemnity; insurance <br />Prior to issuance of any permit under this article, each applicant shall: <br />(a) Represent, stipulate, contract and agree that such applicant will indemnify <br />75A-15
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