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1ss2/25/11 Sec. 33-253. Permit 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 occasions, such action shall not be considered a waiver of any requirements of this Code. Sec. 33-254. 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 telecommunication corporations (as defined by the Public Utilities Code). If future changes to state or federal law authorize the City to regulate the Utility and its activities 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 3. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 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 any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 4th day of April 2011 Ordinance NS-2816 Page 15 of 16