133.05(A) Applications for a
on property owned, leased or otherwise controlled by the
, except for
, shall require a lease agreement approved by the
and executed by the
and the
of the proposed
. The
may require, as a condition of entering into a lease agreement, the dedication of space on the facility for
purposes, as well as property improvement on the leased space. Any dedications and improvements shall be negotiated prior to execution of the lease.
133.05(B) No lease granted pursuant to this Chapter shall convey the exclusive right, privilege, permit or
to occupy or to use the public lands of the
for delivery of
or any other purpose.
133.05(C) No lease granted pursuant to this Chapter shall convey any right, title or interest in the public lands other than a leasehold interest, and shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property.
133.05(D) Any and all
or placements of
on a
that is located on property owned, leased or otherwise controlled by the
, except for
, shall require a separate lease agreement with the
as well as full compliance with the requirements of this Chapter for such
and placements of
.
133.05(E) Pursuant to applicable
, the
may contract with a third party to administer
-owned property for purposes of developing
-owned sites, consistent with the terms of this Chapter. Except as specifically provided herein, the terms of this Chapter, and the requirements established thereby, shall be applicable to all
or Personal Wireless Service facilities to be developed or collocated on
-owned sites.
(Ord. 2010-23, passed 10-4-2010)