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5184ORDINANCE NO. 5184 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.41.050, 18.44.050, 18.45.050, 18.46.050, 18.61.028 AND 18.63.028 OF CHAPTERS 18.41, 18.44, 18.45, 18.46, 18.61 AND 18.63, RESPECTIVELY OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CELLULAR TELEPHONE FACILITIES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.41.050 of Chapter 18.41 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .200 which subsection .200 shall read as follows: 11.200 Public utilities or utilities operated by mutual agencies consisting of cellular telephone facilities, electrical substations, gas or conversion plants, with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities." SECTION 2. That subsection .290 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.290 Public utilities or utilities operated by mutual agencies consisting of cellular telephone facilities, electrical substations, gas or conversion plants, with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cables or City -owned public utilities." SECTION 3. That subsection .280 of Section 18.45.050 of Chapter 18.45 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.280 Public utilities or utilities operated by mutual agencies consisting of cellular telephone facilities, electrical substations, gas or 1 A conversion plants, with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric telephone wires or cable or City -owned public utilities." SECTION 4. That subsection .260 of Section 18.46.050 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.260 Public utilities or utilities operated by mutual agencies consisting of cellular telephone facilities, electrical substations, gas or conversion plants, with the necessary buildings, apparatus or appurtenances incident thereto, but not including distribution mains or electric or telephone wires or cable or City -owned public utilities." SECTION 5. That subsection .040 of Section 18.61.028 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.040 Public works or public utility service yards or electrical receiving and/or transforming stations or cellular telephone facilities." SECTION 6. That subsection .080 of Section 18.63.028 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.080 Public works or public utility service yards or electrical receiving and/or transforming stations or cellular telephone facilities." SECTION 7. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 2 SECTION 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 13th day of November , 19 90 . MAY R OF THE CIT OF ANAHEIM ATTEST: /l _ CITY CLERK OF THE CITY OF ANAHE SJM:kh 092890 042TELFO.179 3 a SSTATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5184 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of November, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of November, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5184 on the 14th day of November, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of November, 1990. CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5184 and was published once in the Anaheim Bulletin on the 23rd day of November, 1990. �X 104 1-)( CITY CLERK OF'-TiTE CITY OF ANAHEIM (SEAL)