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lss2/25/11 <br />Sec. 33-253. Permit Non-Compliance; No Waivers <br />No permittee shall be excused from complying with any of the provisions of this <br />article by any failure of the City on any one or more occasions to seek, or insist <br />upon, compliance with any requirements or provisions of this Code. Regardless of <br />the City's failure to seek compliance on any occasions, such action shall not be <br />considered a waiver of any requirements of this Code. <br />Sec. 33-254. Future Changes in the Law <br />The City's rights under this Article are coextensive with the City's rights under state law <br />with regard to the use of the public right of way by telecommunication corporations (as <br />defined by the Public Utilities Code). If future changes to state or federal law authorize <br />the City to regulate the Utility and its activities within the City and the public rights of <br />way to a greater degree than is now authorized by this article, nothing in this Article <br />will be deemed to limit, restrict in any way, or to modify the City's exercise of that <br />regulatory authority. <br />Section 3. Any provision of the Code that is inconsistent with the provisions of <br />this Ordinance, to the extent of such inconsistencies and no further, is hereby <br />repealed or modified to that extent necessary to effect the provisions of this <br />Ordinance. <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that any one or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br />ADOPTED this day of , 2011 <br />Miguel A. Pulido <br />Mayor <br />75A-17