[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.
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY, or, CITY
CITY UTILITY POLE
CITY WIRELESS SUPPORT STRUCTURE
COLLOCATE, or, COLLOCATION
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
FEE
HISTORIC DISTRICT
MICRO WIRELESS FACILITY
PERMIT
RATE
RIGHT-OF-WAY
SMALL WIRELESS FACILITY
1.
2.
TECHNICALLY FEASIBLE
UTILITY POLE
WIRELESS FACILITY
1.
2.
3.
4.
WIRELESS INFRASTRUCTURE PROVIDER
WIRELESS PROVIDER
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
WIRELESS SUPPORT STRUCTURE
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:
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
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.
Any person who submits an application and is a wireless provider.
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.
The City of Ellisville, Missouri.
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.
A wireless support structure, as defined below, owned, managed
or operated by or on behalf of the City.
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.
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.
A City Utility Pole that is specially designed and placed
for aesthetic purposes.
A one-time, non-recurring charge.
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.
A small wireless facility that meets the following qualifications:
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.
A recurring charge.
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.
A wireless facility that meets both of the following qualifications:
Each wireless provider's antenna could fit within an enclosure
of no more than six (6) cubic feet in volume; and
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.
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.
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.
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 collocated;
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.
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.
A wireless infrastructure provider or a wireless services
provider.
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.
A person who provides wireless services.
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;
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.
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.
