(A) Generally. The City of Piqua ("city") may enter into agreements with cellular phone service providers ("tenant") to place transmitting and receiving equipment for cellular phone service on municipal water towers. Lease agreements between the city and such tenants will be according to the policy established in this section.
(B) Installation and maintenance of cellular phone equipment and facilities.
(1) All installation and maintenance of cellular phone transmitting and receiving equipment, and accessory facilities, will be conducted totally at the expense of the tenant, and at no expense to the city.
(2) Tenant assumes full responsibility for the construction of any approved buildings and for being in compliance with all code requirements and regulations of governmental authorities having jurisdiction over the construction. The construction work shall proceed without any (or minimal) interference or disruption to the current operations of the Water Department and the other departments of the city. Tenant shall, upon reasonable notice, make all portions of the overhead tank of the city available for maintenance or repair by the city, including but not limited to reasonable repainting and related work, upon the request and at the direction of the city.
(3) All cable connections and antennae of tenant that are placed on or lead to the water tower shall be placed and secured in a manner safe to all. Tenant shall be solely responsible for securing and maintaining the antennae, cable and other equipment in a safe and secure manner. Tenant's use shall be non-exclusive since the city reserves the right to lease water tower space to other cellular phone service providers.
(4) All modifications to the tower and city-owned property must be approved by the city prior to the commencement of any construction.
(5) Tenant will maintain all equipment and facilities in such a manner so as to provide an appearance acceptable to the city.
(C) Rights and responsibilities of the city.
(1) The city shall approve the exact location of all fixtures and equipment on the tower and all city-owned property.
(2) The city will determine how many tenants may occupy each water tower.
(D) Sub-lease. Tenant may not sub-lease or otherwise transfer its right to use a city water tower without the written consent of the city. Tenant will indemnify and hold the city harmless from all claims arising out of the leasehold. Tenant shall be liable for all property damage resulting from tenant's negligence.
(E) Rental rate. The monthly rental rate for 2023 is $2,046.59 per tenant, per tower. The rental rate will be increased by 3% on January 1 of each year, unless otherwise revised by the City Commission.
(F) Authorization of City Manager to enter into agreement. The City Manager is authorized to enter into agreements with cellular phone service providers on behalf of the city in accordance with this policy.
(G) Modification of provisions of this policy. The City Commission may waive or modify any of the conditions to this policy at its discretion.
(‘97 Code, § 97.08) (Ord. 23-00, passed 8-7-00; Am. Ord. 8-06, passed 5-1-06; Am. Ord. 20-12, passed 10-16-12; Am. Ord. 11-22, passed 11-1-22)