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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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121713
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12/9/2013 12:55:52 PM
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12/9/2013 12:55:37 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/17/2013
DESTRUCT DATE
15Y
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EXHIBIT B <br /> proceeding against the city, its boards,commissions, agents, officers, or employees to attack, set <br /> aside,void, or annul,the approval of the project, unless such claim, action, or proceeding is based <br /> on the city's negligence or misconduct,when such claim or action is brought within the time period <br /> provided for in applicable state and local statutes. The city shall promptly notify the providers of any <br /> such claim, action or proceeding.Nothing contained in this subsection shall prohibit the city from <br /> participating in a defense of any claim, action, or proceeding if the city bears its own attorney fees <br /> and costs,and the city defends the action in good faith. <br /> B. Personal wireless service providers shall be strictly liable for any and all sudden and <br /> accidental pollution and gradual pollution from the usage of their personal wireless service facilities <br /> within the city. This liability shall include cleanup, injury or damage to persons or property. <br /> Additionally, personal wireless service providers shall be responsible for any sanctions, fines, or <br /> other monetary 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 <br /> from electromagnetic waves or radio frequency emissions in excess of the Federal Communication <br /> Commission's standards. (Ord. 1743 § 1, 1998) <br /> 18.110.290 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 /> 15 <br />
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