A. General Terms.
1. The term of an Agreement shall be for up to ten (10) years unless extended by mutual written agreement of the parties.
2. The Agreement authorizes the provider’s non-exclusive use of the right-of-way for the sole purpose of installing, maintaining and operating wireless communication facilities, including any pole built for the sole or primary purpose of supporting the wireless communication facilities to provide the services expressly authorized in the Agreement, subject to applicable laws, this Article and the terms and conditions of the Agreement. The Agreement authorizes use only of the right-of-way in which the City has an actual interest. It is not a warranty of title or interest in any right-of-way, and it does not confer on the provider any interest in any particular location or to a superior or preferred location within the right-of-way. All use of City poles or other structures in the right-of-way shall require payment of fees for such use.
3. The provider shall, at its sole cost and expense, keep and maintain its wireless communication facilities and poles in the right-of-way in a safe condition, and in good order and repair.
4. In the event of an emergency regarding the provider’s small wireless facilities, or related poles, the provider shall immediately notify the City of the nature of the emergency and planned response to the emergency.
B. Permit Required. No person may construct, install or maintain in the right-of-way any wireless communication facilities or pole without first receiving a permit from the Public Works Department.
C. Application Requirements. The application shall be submitted by the provider or its duly authorized representative to the City Engineer. Applications shall contain the following:
1. The applicant’s name, address, telephone number, and email address, including emergency contact information for the applicant.
2. The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant or provider with respect to the filing of the application.
3. A description of the proposed work and wireless communication facility sufficient to demonstrate compliance with the provisions of this Article.
4. If applicable, a copy of the authorization from the owner of the pole, tower or support structure on or in which the wireless communication facility will be placed or attached.
5. Detailed construction drawings and photo simulations regarding the proposed wireless communication facility.
6. To the extent the proposed wireless communication facility involves collocation on a pole, tower or support structure, a structural report prepared by a Nebraska licensed professional engineer evidencing that the pole, tower or support structure will support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.
7. For any new above-ground wireless communication facilities, accurate visual depictions or representations, if not included in the construction drawings or photo simulations.
8. Any other submission requirements per published City policies or regulations.
D. Pole Attachment or Other Agreement. Prior to installing in the right-of-way any wireless communication facility, or any pole built for the sole or primary purpose of supporting a wireless communication facility, a person shall enter into a Pole Attachment or other agreement (“Agreement”) with the City expressly authorizing use of the right-of-way for the wireless communication facility or pole proposed to be installed. The Agreement shall provide for the attachment to City-owned poles or structures in the right-of-way in addition to poles or structures owned by unrelated third parties, provided that the applicant secures the written consent of the third party for such attachment.