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14
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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12/9/2013 12:55:52 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/17/2013
DESTRUCT DATE
15Y
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federal or state government with the authority to regulate personal wireless service providers. If such <br /> standards and regulations are changed,the personal wireless service provider shall bring its facilities into <br /> compliance with such revised standards and regulations within 90 days of the effective date of such <br /> standards and regulations, unless a more stringent compliance schedule is mandated by the controlling <br /> federal or state agency. Failure to bring personal wireless service facilities into compliance with such <br /> revised standards and regulations shall constitute grounds for the immediate removal of such facilities at <br /> the personal wireless service provider's expense. (Ord. 1743 § 1, 1998) <br /> 18.110.2890 Indemnity and liability. <br /> A.The personal wireless service provider shall defend, indemnify and hold harmless the city or any <br /> of its boards, commissions, agents, officers, and employees from any claim, action or proceeding <br /> against the city, its boards,commissions, agents,officers, or employees to attack, set aside, void, or <br /> annul,the approval of the project,unless such claim, action, or proceeding is based on the city's <br /> negligence or misconduct,when such claim or action is brought within the time period provided for <br /> in applicable state and local statutes. The city shall promptly notify the providers of any such claim, <br /> action or proceeding.Nothing contained in this subsection shall prohibit the city from participating <br /> in a defense of any claim, action, or proceeding if the city bears its own attorney fees and costs,and <br /> the city defends the action in good faith. <br /> B.Personal wireless service providers shall be strictly liable for any and all sudden and accidental <br /> pollution and gradual pollution from the usage of their personal wireless service facilities within the <br /> city. This liability shall include cleanup, injury or damage to persons or property. Additionally, <br /> personal wireless service providers shall be responsible for any sanctions, fines, or other monetary <br /> costs imposed as a result of the release of pollutants from their operations. <br /> C.Personal wireless service providers shall be strictly liable for any and all damages resulting from <br /> electromagnetic waves or radio frequency emissions in excess of the Federal Communication <br /> Commission's standards. (Ord. 1743 § 1, 1998) <br /> 18.110.300 Reyi .of ordinance <br /> • <br /> the need for specific sections of this chapter obsolete. The city sha(i review the ordinance codified in <br /> • .. • <br /> C.The city shall review the ordinance codified in this chapter within six months of a change to the <br /> . • , ' •:. . •• • . - • : . <br /> - - - £ . se ' <br /> 18.110.29340 Severability. <br /> If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such <br /> finding shall not affect the validity of the remainder of the chapter,which shall continue in full force and <br /> effect. (Ord. 1743 § 1, 1998) <br /> 20 <br />
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