City of Lake Saint Louis, MO Small Wireless Facilities

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Section 511.400 Small Wireless Facility Deployment.

[Ord. No. 3965, 3-18-2019]

Applicability. To the extent permitted by law, this Section shall apply to all persons desiring to construct, operate, or maintain Small Wireless Facilities within the City.

Definitions:

Definitions And Usage: General. For the purposes of this Section, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa, and masculine gender includes the feminine gender and vice versa. The words "shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in § 67.5110 through 67.5121, RSMo., and, if not defined therein, the City Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Section have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof.

ANTENNA

Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services;

APPLICABLE CODES

Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes enacted to prevent physical property damage or reasonably foreseeable injury to persons;

APPLICABLE LAW

State and Federal law and regulation applicable to the construction, installation, deployment or Co-location of Wireless Facilities and Utility Poles, including those laws and regulations of general applicability that do not apply exclusively to Wireless Facilities or Wireless Providers such as local ordinances and state law relating to use of Right-of-Way;

APPLICANT

Any person who submits an application and is a wireless provider;

APPLICATION

A request submitted by an applicant to the City for a permit to co-locate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole;

CITY UTILITY POLE

A utility pole, as defined below, owned, managed, or operated by or on behalf of the City; except municipal electric utility distribution poles or facilities;

CO-LOCATE or CO-LOCATION

To install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole;

DECORATIVE POLE

A City Utility Pole that is specially designed and placed for aesthetic purposes;

FEE

A one-time, non-recurring charge;

HISTORIC DISTRICT

A group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the Federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under state law as of January 1, 2018, or subsequently enacted for new developments;

MICRO WIRELESS FACILITY

A small wireless facility that meets the following qualifications:

Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height; and

Any exterior antenna no longer than eleven (11) inches;

RATE

A recurring charge;

RIGHT-OF-WAY

The area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a Federal interstate highway, railroad right-of-way, or private easement;

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications:

(1)

Each wireless provider's antenna could fit within an enclosure of no more than six (6) cubic feet in volume; and

(2)

All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight (28) cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine (9) cubic feet in volume; and no single piece of ground-mounted equipment shall exceed fifteen (15) cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility.

The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cutoff switch, and vertical cable runs and related conduit for the connection of power and other services;

SMALL WIRELESS FACILITY PERMIT

A written authorization from a designated City official required by the City to co-locate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way for any purpose;

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a reduction in the functionality of the small wireless facility;

UTILITY POLE

A pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the co-location of small wireless facilities;

WIRELESS FACILITY

Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include:

The structure or improvements on, under, or within which the equipment is co-located;

Coaxial or fiber-optic cable between wireless support structures or utility poles;

Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or

A wireline backhaul facility;

WIRELESS INFRASTRUCTURE PROVIDER

Any person, including a person authorized to provide telecommunications service in the State, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider;

WIRELESS PROVIDER

A wireless infrastructure provider or a wireless services provider;

WIRELESS SERVICES

Any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities;

WIRELESS SERVICES PROVIDER

A person who provides wireless services;

WIRELESS SUPPORT STRUCTURE

An existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities, other than a structure designed solely for the co-location of small wireless facilities. Such term shall not include a utility pole.

WIRELINE BACKHAUL FACILITY

A physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network.

General Standards:

Neither the City, nor any person owning, managing, or controlling City Utility Poles, shall enter into an exclusive arrangement with any person for use or management of the Right-of-Way for the Co-location of Small Wireless Facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of City Utility Poles within the Right-of-Way, or for the right to attach to such City Utility Poles within the Right-of-Way.

The City, in applying the provisions of this Section, will act in a competitively neutral manner with regard to other users of the Right-of-Way.

Nothing in this Section limits the ability of the City to require an Applicant to obtain one (1) or more permits of general applicability that do not apply exclusively to Wireless Facilities in addition to the Permit required by this Section in order to Co-locate a Small Wireless Facility or install a new, modified, or replacement Utility Pole associated with a Small Wireless Facility.

The City may require a Permit under Applicable Codes, existing City ordinances, or this Section, with reasonable conditions, for work in a Right-of-Way that will involve excavation, affect traffic patterns, obstruct traffic in the Right-of-Way, or materially impede the use of a sidewalk.

A Small Wireless Facility must comply with reasonable, objective, and cost-effective concealment or safety requirements determined by the City.

Subject to Subsection (D)(8) of this Section, and except for facilities excluded from evaluation for effects on historic properties under 47 CFR Section 1.1307(a)(4) of the Federal Communications Commission rules, the City may require reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures, published in advance, for Small Wireless Facilities or Utility Poles placed in a Historic District. Any such design or concealment measures shall not have the effect of prohibiting any Wireless Provider's technology, nor shall any such measures be considered a part of the Small Wireless Facility for purposes of the size restrictions in the definition of Small Wireless Facility.

Right-of-Way users, upon adequate notice and at the facility owner's own expense, shall relocate facilities as may be needed in the interest of public safety and convenience.

Except as otherwise provided in this Section and Applicable Law, in reviewing applications for Small Wireless Facilities, Wireless Support Structures and Utility Poles, the City will exercise zoning, land use, planning, and permitting authority within its territorial boundaries.

Nothing in this Section shall be interpreted to impose any new requirements on able providers for the provision of such service.

10.

Small Wireless Facilities or Utility Poles constructed or operational before August 28, 2018, which were approved by the City by permit or agreement may remain installed and be operated under the requirements of this Section.

Permitting Provisions:

Permit Requirements Inside The Right-of-Way. Any Person desiring to Co-locate Small Wireless Facilities, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way must first apply for and obtain a Permit, in addition to any other required permit, license, or authorization that is generally applicable and does not apply exclusively to Wireless Facilities.

The Co-location of Small Wireless Facilities and the installation, maintenance, modification, operation, and replacement of Utility Poles along, across, upon, and under the Right-of-Way is not subject to zoning review or approval; except that the placement of new or modified Utility Poles in the Right-of-Way in areas zoned single-family residential or as historic as of August 28, 2018, remain subject to any applicable zoning requirements that are consistent with §§ 67.5090 to 67.5103, RSMo., and Chapter 511 of the City Code.

Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to obstruct or hinder the usual travel, including pedestrian travel, or public safety on the Right-of-Way or obstruct the legal use of the Right-of-Way by the City or other authorized Right-of-Way users.

A new, replacement, or modified Utility Pole installed in the Right-of-Way shall not be subject to zoning requirements so long as the Utility Pole does not exceed the greater of ten (10) feet in height above the tallest existing Utility Pole in place as of January 1, 2019, located within five-hundred (500) feet of the new Utility Pole in the same Right-of-Way, or fifty (50) feet above ground level. A new, modified, or replacement Utility Pole that exceeds these height limits shall be subject to applicable City zoning requirements that apply to other Utility Poles, and that are consistent with Sections 67.5090 to 67.5103, RSMo., and Chapter 511 of the City Code.

New Small Wireless Facilities in the Right-of-Way shall not extend more than ten (10) feet above an existing Utility Pole in place as of August 28, 2018.

Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Subsection (D)(1)(c) above.

A Wireless Provider shall be permitted to replace Decorative Poles when necessary to Co-locate a Small Wireless Facility, but any replacement pole shall reasonably conform to the design aesthetics of the Decorative Pole or Poles being replaced. The term "reasonably conform," as used herein, shall mean that the design aesthetics of the replacement pole shall be as nearly identical to the Decorative Pole replaced as is feasible. The City Public Works Director is authorized to determine if the replacement pole reasonably conforms, based upon the reasonable objective design standards published in advance by the City.

The City may require replacement of a City Utility Pole that is proposed to be used for a Co-location on a non-discriminatory basis for reasons of safety and reliability, including a demonstration that the Co-location would make the City Utility Pole structurally unsound.

Installation or co-location for which a permit is granted under this Subsection shall be completed within one year after the permit issuance date unless the City and the Wireless Provider agree to extend this period, or the Wireless Provider notifies the City that the delay is caused by a lack of commercial power or communications transport facilities to the site.

In emergency circumstances that result from a natural disaster or accident, the City may require the Wireless Provider to immediately remove such facility if the wireless facility is obstructing traffic or causing a hazard on the City roadway. In the event that the Wireless Provider of the Small Wireless Facility is unable to immediately remove the Small Wireless Facility, the City may remove the Small Wireless Facility from the roadway or other position that eliminates the hazard from the Small Wireless facility. Under these emergency circumstances, the City shall not be liable for any damage caused by removing the Small Wireless Facility and may charge the Wireless Provider of the Small Wireless Facility the City's reasonable expenses incurred in removing the Small Wireless Facility.

No approval for the installation, placement, maintenance, or operations of a Small Wireless Facility under this Section shall be construed to confer authorization for the provision of cable television service, or installation, placement, maintenance, or operations of a wireline backhaul facility or communications facility, other than a Small Wireless Facility, in the right-of-way.

Permit Requirements Outside the Right-of-Way.

The Co-location of Small Wireless Facilities in or on property not zoned primarily for single-family residential use is not subject to zoning review or approval.

The City will allow Co-location of Small Wireless Facilities on City Wireless Support Structures and City Utility Poles that are located on City property outside the right-of-way to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such Co-locations shall be subject to reasonable and non-discriminatory rates, fees, and terms as provided in an agreement between the City and the Wireless Provider, and not otherwise governed by this Section.

The City shall not enter into an exclusive agreement with a Wireless Provider concerning City Utility Poles or City Wireless Support Structures that are located on City property outside the Right-of-Way, including stadiums and enclosed arenas, unless the agreement meets the following requirements:

(1)

The Wireless Provider provides service using a shared network of Wireless Facilities that it makes available for access by other Wireless Providers on reasonable and non-discriminatory rates and terms that shall include use of the entire shared network, as to itself, an affiliate, or any other entity; or

(2)

The Wireless Provider allows other Wireless Providers to Co-locate Small Wireless Facilities on reasonable and non-discriminatory rates and terms, as to itself, an affiliate, or any other entity.

Permit Process for an Applicant seeking to construct Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way.

An Applicant seeking to Co-locate Small Wireless Facilities in or outside the Right-of-Way, or to install, replace, maintain or operate a Utility Pole inside the Right-of-Way, must first submit an Application for a Permit to the City Public Works Director. The City Public Works Director shall design and make available to Applicants a standard Application form, consistent with the provisions of this Section which all Applicants must use in order to accomplish the purposes of this Section. Except for the requirements in Subsection (D)(3)(b)(2) below, an Applicant shall not be required to provide more information to obtain a Permit under this Section than other communications service providers that are not Wireless Providers.

An Application for a Permit shall include the following:

(1)

Construction and engineering drawings which demonstrate compliance with the criteria in Subsection (D)(6);

(2)

An attestation that the Small Wireless Facilities comply with the volumetric limitations in the definition of Small Wireless Facility;

(3)

Information on the height of any new, replacement, or modified Utility Pole;

(4)

Applicable indemnity, insurance, performance bond information required in Subsection F;

(5)

An Applicant that is not a Wireless Services Provider must provide evidence of agreements or plans demonstrating that the Small Wireless Facilities will be operational for use by a Wireless Services Provider within one-year after the Permit issuance date, unless the City and the Applicant agree to extend this period or if the Applicant notifies the City the delay is caused by lack of commercial power or communications transport facilities. An Applicant that is a Wireless Services Provider must provide this information by attestation.

(6)

Plans and detailed cost estimates for any make-ready work as needed. The Applicant shall be solely responsible for the cost of any make-ready work. A preapplication conference is required to identify and scope make-ready work on City-owned facilities prior to application.

[Ord. No. 4027, 9-3-2019]

(7)

Projected commencement and termination dates for the Permit, or if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the City Public Works Director with reasonable advance notice of such dates once they are determined.

Fees And Rates. Each such Application shall be accompanied by payment of fees as designated in this Section.

General.

(1)

Any fees collected pursuant to this Subsection will be used only to reimburse the City for its actual incurred costs and will not be used to generate revenue to the City above such costs.

(2)

The City may not require or accept in-kind services in lieu of any fee.

(3)

The rates to Co-locate on City Utility Poles shall be non-discriminatory regardless of the services provided by the Co-locating Applicant.

Application Fee.

(1)

The total fee for an Application for the Co-location of a Small Wireless Facility is one hundred dollars ($100.00) per Small Wireless Facility.

[Ord. No. 4027, 9-3-2019]

(2)

An Applicant filing a consolidated Application shall pay one hundred dollars ($100.00) per Small Wireless Facility included in the consolidated Application.

(3)

The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Co-location of an associated Small Wireless Facility is five hundred dollars ($500.00) per Utility Pole.

Co-location Rate. The rate for Co-location of a Small Wireless Facility to a City Utility Pole is one hundred fifty dollars ($150.00) per City Utility Pole per year.

Right-Of-Way Permit Fee. The total fee for a Right-of-Way permit associated with the installation of Small Wireless Facilities in the Right-of-Way is fifty dollars ($50.00) per one hundred (100) linear feet with a fifty dollars ($50.00) minimum fee.

Timing For Processing Of An Application:

Within fifteen (15) days of receiving an Application, the City shall determine and notify the Applicant in writing whether the Application is complete. If an Application is incomplete, the City shall specifically identify the missing information in writing. The processing deadline in Subsection (D)(5)(b) of this Section is tolled from the time the City sends the notice of incompleteness to the time the Applicant provides the missing information. That processing deadline may also be tolled by agreement of the Applicant and the City.

The City shall process and approve or deny an Application for Co-location of a Small Wireless Facility within forty-five (45) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this forty-five-day period.

The City shall process and approve or deny an Application for installation of a new, modified, or replacement Utility Pole associated with a Small Wireless Facility within sixty (60) days of receipt of the Application. The Application shall be deemed approved if not approved or denied within this sixty-day period.

An Applicant may file a consolidated Application and receive a single Permit for the Co-location of multiple Small Wireless Facilities.

(1)

An Application may include up to twenty (20) separate Small Wireless Facilities; provided that they are for the same or materially same design of Small Wireless Facility being Co-located on the same or materially the same type of Utility Pole or Wireless Support Structure, and geographically proximate. The Application shall provide information sufficient for the City Public Works Director to determine whether the Applicant has met the requirements of this Subsection. The City Public Works Director shall have discretion to determine whether the Application meets the requirements of this Subsection.

(2)

If the City receives individual Applications for approval of more than fifty (50) Small Wireless Facilities or consolidated Applications for approval of more than seventy-five (75) Small Wireless Facilities within a fourteen-day period, whether from a single Applicant or multiple Applicants, the City may, upon its own request, obtain an automatic thirty-day extension for any additional Co-location or replacement or installation Application submitted during that fourteen-day period or in the fourteen-day period immediately following the prior fourteen-day period. The City will promptly communicate its request to each and any affected Applicant.

(3)

The denial of one (1) or more Small Wireless Facilities in a consolidated Application shall not delay processing or constitute a basis for denial of any other Small Wireless Facilities in the same consolidated Application or the consolidated Application in whole.

The City shall provide a good faith estimate for any make-ready work necessary to enable a City Utility Pole to support the requested Co-location by a Wireless Provider, including pole replacement if necessary, within sixty (60) days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed within sixty (60) days of written acceptance of the good faith estimate and advance payment, if required, by the Applicant.

An Application that is not acted on within the specified time period is deemed approved.

For any application denied:

(1)

The City shall document the complete basis for a denial in writing, and send the documentation to the Applicant on or before the day the City denies the Application.

(2)

The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial without paying an additional application fee.

(3)

The City shall approve or deny the revised Application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial.

The City will not institute, either expressly or de facto, a moratorium on filing, receiving, or processing Applications or issuing Permits or other approvals, if any, for the Co-location of Small Wireless Facilities or the installation, modification, or replacement of Utility Poles to support Small Wireless Facilities.

(1)

If doing so would be consistent with 47 U.S.C. § 253(a), particularly as interpreted by the FCC's Declaratory Ruling adopted on August 2, 2018 (FCC 18-111), the City may institute a temporary moratorium on Applications for Small Wireless Facilities and the Co-location thereof for no more than thirty (30) days in the event of a major and protracted staffing shortage that reduces the number of personnel necessary to receive, review, process, and approve or deny applications for the Co-location of Small Wireless Facilities by more than fifty percent (50%).

Denial Of An Application. An Application for a proposed co-location of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole otherwise meeting the requirements of Subsection (D)(1)(a) or (2)(a) may be denied if the action proposed in the Application could reasonably be expected to:

Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;

Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;

Materially interfere with compliance with the Americans with Disabilities Act,[1] or similar Federal or State standards regarding pedestrian access or movement;

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

Materially obstruct or hinder the usual travel or public safety on the Right-of-Way;

Materially obstruct the legal use of the Right-of-Way by the City, utility, or other third party;

Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures;

Fail to comply with the reasonably objective and documented aesthetics of a Decorative Pole and the Applicant does not agree to pay to match the applicable decorative elements;

Fail to comply with reasonable and non-discriminatory undergrounding requirements contained in City ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing Utility Poles in a Right-of-Way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such Utility Poles and do not prohibit the replacement or modification of existing Utility Poles consistent with Applicable Law or the provision of Wireless Services; or

Any other reason not prohibited by Applicable Law.

Approval Of An Application.

The City Public Works Director shall review each Application for a Permit and, upon determining that 1) the Applicant has submitted all necessary information; 2) there is no basis under Subsection (D)(7) to deny the Application; and 3) the Applicant has paid the appropriate Fee, the City Public Works Director shall issue the Permit.

If the City approves an Application, the Applicant is authorized to:

(1)

Undertake the installation or Co-location;

(2)

Operate and maintain the Small Wireless Facilities and any associated Utility Pole covered by the Permit for a period of not less than ten (10) years, which shall be renewed for equivalent durations so long as they are in compliance with the criteria listed in Subsection (D)(3) of this Section.

The City may approve a Permit subject to a reservation to reclaim space on the Utility Pole, when and if needed, to meet the Utility Pole owner's core utility purpose or a documented City plan projected at the time of the Application.

No Application Required. No Application is required for:

Routine maintenance on previously permitted Small Wireless Facilities;

The replacement of Small Wireless Facilities with Small Wireless Facilities that are the same or smaller in size, weight, and height; or

The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between Utility Poles in compliance with Applicable Codes.

A person performing the permitted acts under this Subsection may be required to provide the City with a description of any new equipment installed so that the City may maintain an accurate inventory of the Small Wireless Facilities at a particular location.

Construction Standards:

The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes and relevant City ordinances pertaining to construction, operation, maintenance, and repair inside or outside the Right-of-Way.

All Small Wireless Facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a Right-of-Way, including the City.

An Applicant shall not place Small Wireless Facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any Right-of-Way.

Any and all Rights-of-Way disturbed or damaged during the construction of Small Wireless Facilities shall be promptly repaired or replaced by the Applicant to its functional equivalence as existed before the disturbance or damage.

Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.

Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as a Wireless Services Provider would have hereunder and Applicable Law if the work were performed by the Wireless Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of Wireless Infrastructure Providers, contractors or subcontractors is performed consistent with their Permits and Applicable Law, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor.

Indemnity, Insurance, Performance Bonds.

Indemnity. Wireless Providers shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors.

Insurance.

As part of the Permit process, a Wireless Provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors. The Wireless Provider's liability insurance policy must name the City or its officers and employees as additional insureds.

In the alternative, a Wireless Provider must demonstrate that it has in effect a comparable self-insurance program.

Performance Bond.

As part of the Permit process, a Wireless Provider must post a performance bond of one thousand five hundred dollars ($1,500.00) per Small Wireless Facility. The total performance bond amount for all Wireless Provider facilities shall not exceed seventy-five thousand dollars ($75,000.00). The purpose of the performance bond is to:

(1)

Provide for the removal of abandoned or improperly maintained Small Wireless Facilities, including those that the City determines need to be removed to protect public health, safety, or welfare;

(2)

Restore the Right-of-Way in connection with removals of Small Wireless Facilities from the Right-of-Way; and

(3)

Recoup rates or fees that have not been paid by a Wireless Provider in over twelve (12) months, provided the Wireless Provider has been provided with reasonable notice form the City and has been given the opportunity to cure.

Upon completion of the work associated with the Small Wireless Facilities covered by the performance bond to the satisfaction of the City Public Works Director, the City Public Works Director shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the City Public Works Director considering the nature of the work performed.

Recovery by the City of any amounts under the performance bond or otherwise does not limit an Applicant's duty to indemnify the City in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the City other than by the amounts recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have.

Exemption. Applicants that have at least twenty-five million dollars ($25,000,000.00) in assets in the State and do not have a history of permitting non-compliance within the City's jurisdiction shall be exempt from the insurance and bonding requirements otherwise required by this Section. The City may require an Applicant to provide proof by affidavit that its assets meet or exceed this requirement at the time of filing the Application.

Property Licensed. Any contractor, subcontractor or wireless infrastructure provider shall be under contract with a Wireless Provider to perform work in the right-of-way related to a Small Wireless Facility or utility poles, and such entities shall be properly licensed under the laws of the State of Missouri and all applicable City ordinances. Each contracted entity shall have the same obligations with respect to his or her work as a Wireless Provider would have under this Section, under Sections 67.5110 to 67.5121, RSMo., and other applicable laws if the work were performed by a Wireless Provider. The Wireless Provider shall be responsible for ensuring that the work of such contracted entities is performed consistently with the Wireless Provider's permits and applicable laws relating to the deployment of Small Wireless Facilities and utility poles, and responsible for promptly correcting acts or omissions by such contracted entity.

Miscellaneous Provisions.

Compliance With Laws. Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established, to the extent that they are consistent with State and Federal law.

Franchises Not Superseded. Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit.

Rights And Remedies.

The exercise of one remedy under this Section shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity.

The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Section.

No Applicant shall be relieved of its obligation to comply with any of the provisions of this Section by reason of any failure of the City to enforce prompt compliance.

Incorporation by Reference. Any Permit granted pursuant to this Section shall by implication include a provision that shall incorporate by reference this Section into such Permit as fully as if copied therein verbatim.

Calculation Of Time. Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Section or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time.

Severability. If any term, condition, or provision of this Section shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in Applicable Law so that the provision that has been held invalid is no longer invalid, said provisions shall thereupon return to full force and effect without further action by the City and shall thereafter be binding on the Applicant and the City.

Annexation. The provisions hereof shall specifically apply to any lands or property annexed as the date of such annexation.

Relocation Of Facilities. Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City-owned underground or aboveground structure, it is deemed necessary by the City, in the interest of public safety and convenience, to move, alter, or change the location of underground or aboveground facilities of a Wireless Provider, the Wireless Provider shall relocate such facilities, on an alternative Right-of-Way provided by the City, if available, upon adequate notice in writing by the City, without claim for reimbursement or damages against the City.

Standards Applicable To City.

Any standards in this Section relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments.

Subject to provisions of Sections 67.5110 to 67.5121, RSMo. (while in effect), and applicable Federal law, the City shall continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries, including with respect to wireless support structures and utility poles, except that the City shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of any Small Wireless Facility located in an interior structure or upon the site of any campus stadium, or athletic facility not owned or controlled by the City, other than to comply with applicable codes.

Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter.