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Report - City of Tustin

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Exhibit A <strong>of</strong> Resolution No01 95<br />

Page 2<br />

Lease Agreement or License means a contract agreement between the <strong>City</strong> and a<br />

person pursuant to this policy and guidelines The contract may be in the form <strong>of</strong> a<br />

lease if the <strong>City</strong> owns a fee interest in the property or in the form <strong>of</strong> a license if the <strong>City</strong><br />

has a leasehold interest in the property<br />

Modification means an alteration <strong>of</strong> an<br />

existing utility facility that changes its size<br />

location shape or color This is not intended to include replacement <strong>of</strong> a facility with an<br />

identical facility or the repair <strong>of</strong> the facility<br />

Person means and includes but is not limited to corporations companies or<br />

associations firms partnerships limited liability companies and individuals and includes<br />

their lessors trustees receivers and successors in interest<br />

Public property means any property in which the <strong>City</strong> <strong>of</strong> <strong>Tustin</strong> and or the <strong>City</strong> s<br />

Redevelopment Agency holds a legal interest except the publicright <strong>of</strong> way<br />

Public right <strong>of</strong> way means and includes all public streets sidewalks and utility<br />

easements now or hereafter owned in fee or easement by the <strong>City</strong><br />

Public Works Director means the Director <strong>of</strong> Public Works <strong>of</strong>the <strong>City</strong><br />

Right <strong>of</strong> way Agreement means a contract granted to a person pursuant to Chapter 7 <strong>of</strong><br />

Article 7 <strong>of</strong> the <strong>Tustin</strong> <strong>City</strong> Code as follows 1 a license in the case <strong>of</strong> a<br />

telecommunications provider that will not serve areas or persons within the <strong>City</strong> or 2 a<br />

franchise in the case <strong>of</strong> a telecommunications provider that will serve areas or persons<br />

within the <strong>City</strong> as it may be amended<br />

Stealth Facility means any aboveground utility facility which is disguised to appear as<br />

another natural or artificial man made objects such as trees clock towers score boards<br />

etc that are prevalent in the surrounding environment ar which are architecturally<br />

integrated into buildings or other concealing structures<br />

Utility Provider means and includes any person that proposes to or does own control<br />

operate or manage plant equipment or any other facility on public property or in the<br />

publicright <strong>of</strong> way for the provision <strong>of</strong> an<br />

utility service<br />

Utility Service means and includes any electrical gas heat water telephone pipeline<br />

sewer or telegraph services or commodity where the service is performed for or the<br />

commodity delivered to the public or any portion there<strong>of</strong><br />

SECTION 3 APPLICABILITY<br />

These guidelines regulate the installation <strong>of</strong> new and replacement aboveground utility<br />

facilities and their accessory equipment on public properties or in the public right <strong>of</strong><br />

way

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