(a) Standard Conditions of Approval. Permission to sire wireless communication facilities in the right-of-way shall be conditioned on compliance with the standard conditions of approval provided in this Section 959.07. The City Engineer may add or modify conditions of approval as necessary or appropriate to protect and promote the public health, safety and welfare.
(b) Standard Conditions of Approval for All Wireless Row Permits. All applications for Type I, II, and III permits shall be subject to the following standard conditions of approval by operation of law.
(1) Compliance with applicable laws. Permit Holders shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinances, or other rules.
(2) Inspections; emergencies. The City Engineer or his/her designee may inspect a Wireless Communication Facility in the right-of-way upon reasonable notice to the permit holder. The Permit Holder shall cooperate with all inspections. The City reserves the right to support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
(3) Contact information for responsible parties. Permit Holders shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the City Engineer's Office.
(4) Indemnities. The Permit Holder and, if applicable, the non-government owner of a Wireless Communication Facility shall defend, indemnify, and hold harmless the City and its agents, officers, officials, and employees from
A. Any and all damages, liabilities, injuries, losses, costs and expenses arising out of any claims, demands, lawsuits, writs of mandamus, or other actions or proceedings brought against the City to challenge, attack, seek to modify or set aside, void or annul the City's approval of the applicable Wireless ROW Permit; and
B. Any and all damages, liabilities, injuries, losses, costs, and expenses and any claims, demands, lawsuits, or other actions or proceedings of any kind, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the Permit Holder or its agents, employees, licensees, contractors, subcontractors, or independent contractors.
C. In the event the City becomes aware of any such actions or claims, the City shall promptly notify the Permit Holder. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the Permit Holder (or owner, if applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
(5) Interference with public safety radio services. In the event that the City has reason to believe that the Permit Holder's radio communication operation are causing interference with the City's radio communication operations then the Permit Holder shall, at its cost, immediately cooperate with the City to either rule out the interference source or eliminate the interference. Cooperation with the City may include, but shall not be limited to, temporarily switching the transmission equipment on and off for testing.
(6) Adverse impacts on adjacent properties. Permit Holders shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation maintenance, modification or removal of the facility.
(7) General maintenance. The site and the facility, including but not limited to all landscaping, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
(8) Good condition required. Wireless communication facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not menace or endanger the life or property of any person.
(9) Graffiti abatement. Permit Holders shall remove any graffiti on the wireless facility at the Permit Holder's sole expense.
(10) Relocation for public improvement projects. Permit Holders shall remove and relocate the permitted Wireless Communication Facility at the Permit Holder's sole expense to accommodate construction of a public improvement project by the City.
(11) Removal if discontinued use. In the event that the use of a Wireless Communication Facility is discontinued, the owner shall provide written notice to the City or its intent to discontinue use and the date when the use shall be discontinued. If a Wireless Communication Facility is not removed within ninety (90) days of discontinued use, the City may remove it at the owner's expense irrespective of the notice requirement under this Section.
(12) Taxes and assessments. To the extent taxes or other assessments are imposed by taxing authorities on the use of City property as a result of an applicant's use or occupation of the right-of-way, the applicant shall be responsible for payment of such taxes, payable annually, unless otherwise required by the taxing authority.
(Ord. 6-2017. Passed 3-20-17.)
(Ord. 6-2017. Passed 3-20-17.)