Report - City of Tustin

Report - City of Tustin Report - City of Tustin

09.10.2014 Views

Exhibit A of Resolution No 01 95 Page 11 The utility provider or accessory equipment installing entity shall be responsible for reconstruction ofin kind facilities within the public right of way that are damaged or modified during installation of aboveground accessory equipment Prior to installation the utility provider shall provide notification to adjacent property owners within a one hundred 100 foot radius indicating the type location and size of aboveground accessory equipment that will be installed and the estimated start and ending dates of construction The aboveground accessory equipment shall be constructed of a material that will be rust resistantie stainless steel etc The utility provider shall be responsible for treating any rust by either repainting or any other method recommended by the manufacturer that eliminates the rust SECTION 8 ABANDONMENT An aboveground utility facility and or its accessory equipment is considered abandoned if it is no longer in service or is in default pursuant to default provisions in any Lease Agreement License Right of Way Agreement or any other applicable agreements or licenses A written notice of the determination of abandonment by the City shall be sent or delivered to the Grantee The Grantee shall have ninety 90 days to remove the facility at the Grantee ssole cost and expense or provide the Community Development Department with evidence that the use has not been discontinued Such removal shall be in accordance with proper health and safety requirements If the use of the aboveground utility facility and or its accessory equipment is discontinued for any reason the Grantee shall notify the City of Tustin in writing no later than thirty 30 days after the discontinuation of use Aboveground utility facilities and their accessory equipment that are no longer being used shall be removed within ninety 90 days after the discontinuation of use Such removal shall be in accordance with health and safety requirements All disturbed areas shall be restored to original conditions at the Grantee sexpense If the facility is not removed within the required ninety 90 day period the City shall be entitled to remove the facility at the Grantee ssole cost and expense The Grantee shall execute such documents of title to convey all right title and interest in the abandoned aboveground utility facility and its accessory equipment to the City SECTION 9 LEASE AGREEMENT OR LICENSE All persons wishing to construct attach install operate maintain or modify a aboveground utility facility and its accessory equipment on public property exclusive ofthe public right of way in which the City has ownership easement leasehold or any other possessory interest after approval of a Design Review application shall obtain a Lease Agreement or License and any other approval required under these guidelines A Lease Agreement or License shall be subject to approval of the City Attorney s office and the City Manager soffice as to the specific terms and conditions required

City ofTustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS RESOLUTION NO 01 95 I PAMELA STOKER City Clerk and ex officio Clerk of the City Council of the City of Tustin California hereby certifies that the whole number of the members of the City Council ofthe City of Tustin is five and that the above and foregoing Resolution No 01 95 was adopted at a regular meeting of the City Council held on the 19h day of November 2001 by the following vote COUNCILMEMBER AYES COUNCILMEMBER NOES Worley Thomas Bone Doyle Kawashima None COUNCILMEMBER ABSTAINED None COUNCILMEMBER ABSENT None Q Pamela Stoker City Clerk

<strong>City</strong> <strong>of</strong><strong>Tustin</strong><br />

RESOLUTION CERTIFICATION<br />

STATE OF CALIFORNIA<br />

COUNTY OF ORANGE<br />

CITY OF TUSTIN<br />

SS<br />

RESOLUTION NO 01 95<br />

I PAMELA STOKER <strong>City</strong> Clerk and ex <strong>of</strong>ficio Clerk <strong>of</strong> the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />

<strong>Tustin</strong> California hereby certifies that the whole number <strong>of</strong> the members <strong>of</strong> the <strong>City</strong><br />

Council <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Tustin</strong> is five and that the above and foregoing Resolution No 01<br />

95 was adopted at a regular meeting <strong>of</strong> the <strong>City</strong> Council held on the 19h day <strong>of</strong><br />

November 2001 by the following vote<br />

COUNCILMEMBER AYES<br />

COUNCILMEMBER NOES<br />

Worley Thomas Bone Doyle Kawashima<br />

None<br />

COUNCILMEMBER ABSTAINED None<br />

COUNCILMEMBER ABSENT None<br />

Q<br />

Pamela Stoker <strong>City</strong> Clerk

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