City of Ellisville, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3408, 2-6-2019]
This Chapter is intended to encourage and streamline the construction and deployment of small wireless facilities in the City and to help ensure that robust and dependable wireless radio-based communication services and networks are available throughout the City, consistent with State and Federal law including Sections 67.5110 to 67.5121, RSMo., (while in effect) and Sections 67.1830 to 67.1846, RSMo. The provisions of other Sections of the Municipal Code shall apply to small wireless facility construction and deployment except to the extent inconsistent with this Chapter.
[Ord. No. 3408, 2-6-2019]
A. 
For the purposes of this Chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the content, 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 Sections 67.5110 — 67.5121, RSMo., and if not defined therein, this Code, and, if not defined therein, their common and ordinary meaning:
ANTENNA
Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES
City Code Right-of-Way provisions generally applicable to all users of the Right-of-Way and any City Code provisions incorporating 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.
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 collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole.
AUTHORITY, or, CITY
The City of Ellisville, Missouri.
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.
CITY WIRELESS SUPPORT STRUCTURE
A wireless support structure, as defined below, owned, managed or operated by or on behalf of the City.
COLLOCATE, or, COLLOCATION
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.
COMMUNICATIONS SERVICE PROVIDER
A cable operator, as defined in 47 U.S.C. Section 522(5); a provider of information service, as defined in 47 U.S.C. Section 153(24); a telecommunications carrier, as defined in 47 U.S.C. Section 153(51); or a wireless provider.
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 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by City 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:
1. 
Is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height; and
2. 
Any exterior antenna no longer than eleven (11) inches.
PERMIT
A written authorization required by the City to deploy or 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.
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, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services.
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 collocation 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:
1. 
The structure or improvements on, under, or within which the equipment is collocated;
2. 
Coaxial or fiber-optic cable between wireless support structures or utility poles;
3. 
Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or
4. 
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 collocation of small wireless facilities. Such term shall not include a utility pole.
[Ord. No. 3408, 2-6-2019]
A. 
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 Collocation 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 Utility Poles within the Right-of-Way.
B. 
The City, in applying the provisions of this Chapter, will act in a competitively neutral manner with regard to other users of the Right-of-Way.
C. 
Unless inconsistent with this Chapter, the City may require an Applicant to obtain one (1) or more permits of general applicability in addition to the Permit required by this Chapter, in order to Collocate a Small Wireless Facility or install a new, modified, or replacement Utility Pole associated with a Small Wireless Facility.
D. 
The City may require a Permit under Applicable Code or this Chapter, 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.
E. 
A Small Wireless Facility must comply with reasonable, objective, and cost-effective concealment or safety requirements determined by the City.
F. 
Reasonable, technically feasible, non-discriminatory, and technologically neutral design or concealment measures are required for Small Wireless Facilities or Utility Poles placed in a Historic District.
G. 
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.
H. 
Except as otherwise provided in this Chapter, 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.
I. 
Nothing in this Chapter shall be interpreted to impose any new requirements on cable providers for the provision of such service.
J. 
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 Chapter.
[Ord. No. 3408, 2-6-2019]
A. 
Any Person desiring to construct 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 permit, license, or authorization required by Applicable Code, including, but not limited to, Right-Of-Way ("ROW") Permits as set forth in Section 510.130.
B. 
The Collocation 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 single-family residential areas or in areas zoned as historic as of August 28, 2018, remain subject to any applicable zoning requirements.
C. 
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.
D. 
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, 2109, 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 Utility Poles.
E. 
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.
F. 
Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Subsection (C), above.
G. 
A Wireless Provider shall be permitted to replace Decorative Poles when necessary to Collocate 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 replacement pole shall be as nearly identical to the Decorative Pole replaced as is feasible. The City Engineer or other designated position is authorized to determine if the replacement pole reasonably conforms.
H. 
The City may require replacement of a City Utility Pole on a non-discriminatory basis for reasons of safety and reliability, including a demonstration that the Collocation would make the City Utility Pole structurally unsound.
[Ord. No. 3408, 2-6-2019]
A. 
The Collocation of Small Wireless Facilities in or on property not zoned primarily for single-family residential use is not subject to zoning review or approval.
B. 
The City will allow Collocation 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 Collocations 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 Chapter.
C. 
Any exclusive agreement between the City and a Wireless Provider concerning City Utility Poles or City Wireless Support Structures that are located on authority property outside the right-of-way, including stadiums and enclosed arenas, must include the following requirements:
1. 
If the Wireless Provider provides service using a shared network of Wireless Facilities, it must make that shared network 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 must allow other Wireless Providers to Collocate Small Wireless Facilities on reasonable and non-discriminatory rates and terms, as to itself, an affiliate, or any other entity.
[Ord. No. 3408, 2-6-2019]
A. 
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, must first submit an Application for a Permit to the City Engineer. The City Engineer shall design and make available to Applicants a standard Application form, consistent with the provisions of this Chapter which all applicants must use in order to accomplish the purposes of this Chapter. Except for the requirements in Subsection (B)(2) below, an Applicant shall not be required to provide more information to obtain a Permit under this Chapter than other communications service providers that are not Wireless Providers.
B. 
An Application for a Permit shall include the following:
1. 
Construction and engineering drawings;
2. 
An attestation that the Small Wireless Facility complies 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 Section 515.080;
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 (1) year after the Permit issuance date, unless the City and the Applicant agree to extend this period or if delay is caused by lack of commercial power or communications transport facilities to the site and the Applicant notifies the City thereof. 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.
7. 
The Applicant shall be solely responsible for the cost of any make-ready work.
8. 
Each Permit shall include projected commencement and termination dates or, if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the City Engineer with reasonable advance notice of such dates once they are determined.
C. 
An Applicant may file a consolidated Application and receive a single Permit for the Collocation of multiple Small Wireless Facilities. 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 Collocated 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 Engineer to determine whether the Applicant has met the requirements of this Section. The City Engineer shall have discretion to determine whether the Application meets the requirements of this Section.
D. 
Fees And Rates. Each Application shall be accompanied by payment of fees as designated in this Chapter.
1. 
General.
a. 
Any fees collected pursuant to this Section 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.
b. 
The City may not require or accept in-kind services in lieu of any fee.
c. 
The rates to Collocate on City Utility Poles shall be non-discriminatory regardless of the services provided by the Collocating Applicant.
2. 
Application Fees.
a. 
The total fee for an Application for the Collocation of a Small Wireless Facility on an existing City Utility Pole is one hundred dollars ($100.00) per Small Wireless Facility.
b. 
An Applicant filing a consolidated Application shall pay one hundred dollars ($100.00) per Small Wireless Facility included in the consolidated Application.
c. 
The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Collocation of an associated Small Wireless Facility is five hundred dollars ($500.00) per Utility Pole.
3. 
Collocation Rate. The rate for Collocation of a Small Wireless Facility to a City Utility Pole is one hundred fifty dollars ($150.00) per City Utility Pole per year.
4. 
Right-Of-Way Permit Fees. Right-of-Way permit fees shall be determined pursuant to Section 510.130. Right-of-way permit fees imposed on Applicants and Wireless Providers shall be competitively neutral with regard to all other users of the right-of-way; shall not be in the form of a franchise fee or tax or other fee based on non-cost-related factors such as revenue, sales, profits, lines, subscriptions, or customer counts; and shall not result in double recovery where existing charges already recover the direct and actual costs of managing the right-of-way.
5. 
Business License Fees. This Section prohibits the imposition of business license taxes, business license fees, or gross receipts taxes on Wireless Providers, whether based on gross receipts or other factors, except that this subdivision allows the imposition of such taxes and fees consistent with Subsection 2 of Section 67.1846, RSMo., that are also imposed on wireline telecommunications businesses operating within the jurisdiction of the City, or as mutually agreed to by the City and the Wireless Provider.
E. 
Timing For Processing Of An Application.
1. 
Within fifteen (15) days of receiving an Application, the City shall determine and notify the Applicant, in writing, whether the Application is complete. An Application shall not be deemed received unless the Application is complete. If an Application is incomplete, the City shall specifically identify the missing information in writing.
2. 
The City shall process and approve or deny an Application for Collocation of a Small Wireless Facility within forty-five (45) days of receipt.
3. 
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.
4. 
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 Collocation 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.
5. 
The denial of one (1) or more Small Wireless Facilities in a consolidated Application shall not delay processing of any other Small Wireless Facilities in the same batch.
6. 
The City shall provide a good faith estimate for any make-ready work necessary to enable a pole to support the requested Collocation 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.
7. 
An Application that is not acted on within the specified time period is deemed approved.
8. 
For any Application denied:
a. 
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.
b. 
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.
c. 
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.
9. 
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 Collocation of Small Wireless Facilities or the installation, modification, or replacement of Utility Poles to support Small Wireless Facilities.
a. 
The City may institute a may impose a temporary moratorium on Applications for Small Wireless Facilities and the Collocation 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 Collocation of Small Wireless Facilities by more than fifty percent (50%).
F. 
Denial Of An Application. An Application for a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole otherwise meeting the requirements of Sections 510.040 or 510.050 will be denied if the action proposed in the Application could reasonably be expected to:
1. 
Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;
2. 
Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
3. 
Materially interfere with compliance with the Americans with Disabilities Act, or similar Federal or State standards regarding pedestrian access or movement;
4. 
Materially obstruct or hinder the usual travel or public safety on the Right-of-Way;
5. 
Materially obstruct the legal use of the Right-of-Way by the City, utility, or other third party;
6. 
Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures;
7. 
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;
8. 
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;
9. 
Any other reason not prohibited by applicable law or regulation.
G. 
Approval Of An Application.
1. 
The City Engineer shall review each Application for a Permit and shall issue the Permit upon determining that:
a. 
The Applicant has submitted all necessary information;
b. 
There is no basis under Subsection (F) to deny the Application; and
c. 
The Applicant has paid the appropriate Fee.
2. 
If the City approves an Application, the Applicant is authorized to:
a. 
Undertake the installation or Collocation;
b. 
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 this Chapter.
3. 
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.
H. 
No Application Required. No Application is required for:
1. 
Routine maintenance on previously permitted Small Wireless Facilities;
2. 
The replacement of Small Wireless Facilities with Small Wireless Facilities that are the same or smaller in size, weight, and height; or
3. 
The installation, placement, maintenance, operation, or replacement of Micro Wireless Facilities that are strung on cables between Utility Poles in compliance with Applicable Codes.
4. 
The Application must 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.
[Ord. No. 3408, 2-6-2019]
A. 
The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes, including, as applicable, other relevant City ordinances pertaining to construction, operation, maintenance, and repair inside or outside Rights-of-Way.
B. 
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.
C. 
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 Rights-of-Way.
D. 
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 previous condition.
E. 
Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances.
F. 
Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as Wireless Services Provider would have hereunder and applicable laws 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, shall be fully responsible for all acts or omissions of any Wireless Infrastructure Provider, contractor or subcontractor, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor.
[Ord. No. 3408, 2-6-2019]
A. 
Indemnification. 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, including but not limited to reasonable attorney's fees incurred by the City.
B. 
Insurance. A Wireless Provider shall have in effect insurance coverage consistent with this Section, or demonstrate a comparable self-insurance program, all in accordance with Section 510.150(B), including but not limited naming the City, its officers, boards, board members, commissions, commissioners, agents and employees as additional insureds on all general liability insurance policies.
C. 
Bonding.
1. 
The bonding requirements of Section 510.150(A) shall apply to Small Wireless Facilities. The purpose of such bonds shall be to:
a. 
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;
b. 
Restore the Right-of-Way in connection with removals;
c. 
Recoup rates or fees that have not been paid by a Wireless Provider in over twelve (12) months, provided the Wireless Provider has had notice and an opportunity to cure.
2. 
Bonding requirements shall not exceed one thousand five hundred dollars ($1,500.00) per Small Wireless Facility. For Wireless Providers with multiple Small Wireless Facilities within the City, the total bond amount across all facilities shall not exceed seventy-five thousand dollars ($75,000.00), which amount may be combined into one (1) bond instrument.
3. 
Recovery by the City of any amounts under the 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 bond, or in any respect prevent the City from exercising any other right or remedy it may have.
D. 
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.
E. 
Any contractor, subcontractor, or Wireless Infrastructure Provider shall be under contract with a Wireless Services Provider to perform work in the right-of-way related to Small Wireless Facilities or Utility Poles, and such entities shall be properly licensed under the laws of the State and all applicable City ordinances. Each contracted entity shall have the same obligations with respect to his or her work as a Wireless Services 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 Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of such contracted entities is performed consistently with the Wireless Services 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.
[Ord. No. 3408, 2-6-2019]
Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established.
[Ord. No. 3408, 2-6-2019]
Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit.
[Ord. No. 3408, 2-6-2019]
A. 
The exercise of one (1) remedy under this Chapter 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.
B. 
The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Chapter.
C. 
No Applicant shall be relieved of its obligation to comply with any of the provisions of this Chapter by reason of any failure of the City to enforce prompt compliance.
[Ord. No. 3408, 2-6-2019]
Any Permit granted pursuant to this Chapter shall by implication include a provision that shall incorporate by reference this Chapter into such Permit as fully as if copied therein verbatim.
[Ord. No. 3408, 2-6-2019]
Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Chapter 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.
[Ord. No. 3408, 2-6-2019]
If any term, condition, or provision of this Chapter 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.
[Ord. No. 3408, 2-6-2019]
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 above ground structure it is deemed necessary by the City to move, alter, change, adapt, or conform the underground or above ground facilities of a Wireless Provider, the Wireless Provider shall make the alterations or changes, on alternative Right-of-Way provided by the City, if available, as soon as practicable after being so ordered, in writing, by the City without claim for reimbursement or damages against the City.
[Ord. No. 3408, 2-6-2019]
Any standards in this Chapter relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments.
[Ord. No. 3408, 2-6-2019]
The provisions contained within this Chapter shall expire at such time that Sections 67.5110 to 67.5122, RSMo., expire, except that for small wireless facilities already permitted or collocated on City poles prior to such date, the rate set forth in this Article for collocation of small wireless facilities on City poles shall remain effective for the duration of the permit authorizing the collocation.