It is recognized that the system being created by the wireless facilities network requires an interconnection and complete coverage for the system to function. It is also recognized that during events, weather conditions, traffic accidents and maintenance and construction operations sometimes cause damage to roadway facilities within rights-of-way including city-owned infrastructure. Although replacement, reconstruction or re-installation of this infrastructure is typically accomplished in as efficiently, timely and economically a manner as possible, there is no defined timeframe in which this repair work is completed. In the event such incidents occur causing damage to city-owned infrastructure which have wireless telecommunication facilities mounted or otherwise attached to them, and in the event such accidents or occurrences cause elements of or the complete wireless telecommunication facility to be incapacitated, rendered inoperable, made irreparable, or destroyed, the city and its associated Departments, elected and appointed officials, employees, and agents shall be held harmless and under no obligation to replace, reconstruct or re-install the roadway facilities within a certain time frame or to the same configuration or condition, nor shall there be any obligation by the city to repair, reconfigure or replace any elements of the wireless telecommunication facility. Such duties and responsibilities for the repair, reconfiguration or replacement of the wireless facility shall rest solely and at the expense of the wireless services provider. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the authority or its employees or it agents.
(Ord. 9345, passed 8-27-2018)