59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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(a) Preemption by State and Federal Law. Except as may be preempted by ap- plicable State or Federal laws, rates, regulations, and orders, this chapter shall apply and be controlling over each Service Provider engaged in the business of transmitting, supplying or furnishing of Services originating, passing through, or terminating in the City. (b) Exemption for City -Owned or Operated Facilities. Nothing in this chapter shall be construed to apply the provisions of this chapter to Facilities owned or operated by the City or any of its operations. (c) Application to Existing Code Provisions. In the event of a direct conflict between any provision of this chapter and any other section of the City's Codified Ordinances, the provisions of this chapter shall apply. (d) Severability. If any section, subsection, sentence, clause, phrase, or other portion of this chapter, or its application to any Person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent ju- risdiction, said decision shall not affect the validity of the remaining por- tions hereof. (e) Notices. Any notice or order referenced in this chapter is properly served as set forth below. (1) If to the City: (A) Delivered Personally to the proper recipient under this chapter; (B) Sent by certified, pre - posted U.S. mail to the proper recipient un- der this chapter; or (C) Sent by common carrier with receipt tracking to the proper recipi- ent under this chapter. (2) If to the Service Provider or other Person: (A) Delivered Personally to the Service Provider or other intended re- cipient; (B) Left at the Service Provider's or other intended recipient's usual place of business with someone representing themselves as an em- ployee of the Service Provider, or intended recipient, who is 18 years of age or older who would reasonably be responsible for re- ceiving correspondence addressed to the Service Provider or in- tended recipient; (C) Sent by certified, pre - posted U.S. mail to the last known address of the Service provider or other intended recipient; (D) If the notice is attempted to be served by certified, pre - posted U.S. mail and then returned showing that the letter was not delivered, or the certified letter is not returned within fourteen (14) days after the date of mailing, then notice may be sent by regular, pre - posted, first class U.S. mail; or (E) If the notice is attempted to be served by regular, first class U.S. {02299394 - 1}