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§ 122.18  LOCATION OF NEW FACILITIES.
   (A)   The wireless provider shall not locate or maintain its wireless communication facilities so as to interfere with the use of the right-of-way by the municipality, by the general public or by other persons authorized to use or be present in or upon the right-of-way.
   (B)   Whenever any existing electric utilities, natural gas, water or sewer lines (or other public improvements) and communications facilities are located underground within a right-of-way, the wireless provider with permission to occupy the same portion of the right-of-way shall locate its wireless communication facilities underground at its own expense where technically feasible. The municipality may, in its sole discretion, approve above-ground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as small wireless facilities that cannot, by their nature, operate unless located above-ground, the wireless provider and municipality shall work to find a suitable location for such facilities or equipment.
   (C)   In performing any work in or affecting the right-of-way, the wireless provider, and any agent or contractor of the provider, shall comply with the provisions of this chapter and all other applicable laws.
   (D)   A wireless provider shall repair all damage to a right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to equal or better condition to that before the damage occurred pursuant to the competitively neutral and reasonable requirements and specifications of the municipality. If the applicant fails to make the repairs that are reasonably required by the municipality within 14 days after written notice, the municipality may undertake such repairs and charge the wireless provider the reasonable, documented costs of such repairs. The municipality shall grant an extension of up to ten days to complete such repairs if the wireless provider requests such extension within the original 14-day period. In the event of immediate threat to life, safety, or to prevent serious injury, the municipality may immediately undertake to restore the site and then notify the applicant and charge the applicant for all reasonable restoration costs.
(Ord. 1096, passed 8-27-2019)
§ 122.19  REMOVAL, RELOCATION AND ABANDONMENT.
   (A)   Within 30 days following written notice from the municipality, the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its wireless communication facilities within the right-of-way, including relocation of above-ground wireless communication facilities underground (consistent with the provisions of this chapter), whenever the municipality has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any municipal improvement, the operations of the municipality on, under or upon the right-of-way, or otherwise is in the public interest. The wireless provider shall be responsible to the municipality for any damages the municipality may incur as a result of the provider's failure to remove or relocate its wireless communication facilities.
   (B)   If the future maintenance or construction of a municipal road requires the moving or relocating of wireless facilities, utility poles, or wireless support structures currently located within a right-of-way, such facilities, poles, or structures shall be removed or relocated by the owner of such small wireless facilities, poles, or structures at the owner's expense and as directed by the municipality.
   (C)   The municipality retains the right and privilege to cut or move any wireless communication facility located within the right-of-way of the municipality, as the municipality may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the municipality shall notify the wireless provider and give the provider an opportunity to move its own facilities prior to cutting or removing the wireless communication facilities. In all cases the municipality shall notify the wireless provider after cutting or removing the wireless communication facility as promptly as reasonably possible.
   (D)   Any small wireless facility that is not operated for a continuous period of 90 days after completion of initial installation, excluding non-operation due to a natural disaster or other unforeseeable circumstance or temporary equipment failure, shall be considered abandoned. If a small wireless facility is abandoned, the small wireless facility owner shall notify the municipality within 30 days of the abandoned status of such facility, and such owner shall remove the abandoned facility. The related utility pole shall also be removed unless such pole is otherwise being used by another utility or is owned by a party other than the owner of the removed small wireless facility.
   (E)   If the wireless provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its wireless communication facilities or remove any of its abandoned wireless communication facilities as required in this division, the municipality or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any damages the municipality incurs arising from the delay and attorneys' fees and expenses.
(Ord. 1096, passed 8-27-2019)
§ 122.20  INDEMNIFICATION.
   The applicant and wireless provider shall defend, indemnify, and hold harmless the municipality, its agents, officers, officials and employees from any and all damages, liabilities, injuries, losses, attorneys' fees, costs, and expenses, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant or wireless provider. In the event the municipality becomes aware of any actions or claims, the municipality shall promptly notify the applicant and wireless provider and reasonably cooperate in the defense. It is expressly agreed that the municipality shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the municipality's defense, and the applicant and the wireless provider, as applicable, shall reimburse the municipality for any costs, expenses and attorneys' fees directly and necessarily incurred by the municipality in the course of the defense.
(Ord. 1096, passed 8-27-2019)
§ 122.21  INSURANCE.
   No person shall own or operate a small wireless facility within the municipality without having
secured and at all times maintained in place insurance coverage which conforms to the following:
   (A)   Comprehensive general liability, automobile, workers compensation, employer's liability and umbrella insurance in amounts satisfactory to the municipality;
   (B)   For a small wireless facility in the right-of-way, the commercial general liability insurance policy shall specifically include the municipality and its officers, officials, employees, and agents as additional insureds;
   (C)   All insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of Nebraska; and
   (D)   Such policies shall not be modified or cancelled without 30 days prior written notice being given to the Municipality and the insurance must be replaced by the owner of the wireless communication facility up to its original amounts.
(Ord. 1096, passed 8-27-2019)
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