The City Council may, in its sole discretion which is hereby reserved, approve Facilities Leases for the location of telecommunications facilities and other facilities upon City property, as that term is defined in this Chapter. Neither this Section, nor any other provision of this Chapter shall be construed to create an entitlement or vested right in any person or entity of any type.
Any person that desires to solicit the City's approval of a Facilities Lease pursuant to this Article shall file a lease proposal with the City which, in addition to the information required by Section 12.12.0150, shall include the following:
A.
A description of the telecommunications facilities or other equipment proposed to be located upon City property;
B.
A description of the City property upon which the applicant proposes to locate telecommunications facilities or other equipment;
C.
Preliminary plans and specifications in sufficient detail to identify:
D.
Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment;
E.
Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising;
F.
An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease;
G.
A description of the services or facilities that the applicant will offer or make available to the City and other public, educational, and governmental institutions;
H.
Such other and further information as may be requested by the City; and
I.
An application fee which shall be set by the City Council by resolution.
Recognizing that the City is under no obligation to grant a Facilities Lease for the use of City property, the City shall strive to consider and take action on applications for Facilities Leases within 120 days after receiving a complete application for such a lease. When such action is taken, the City shall issue a written determination granting or denying the lease in whole or in part, applying the standards set forth below, or any other such criteria as the City Council may choose to apply. If the lease application is denied, the written determination shall include the reason for denial, if any.
A.
The capacity of the City property and public ways to accommodate the applicant's proposed facilities.
B.
The capacity of the City property and public ways to accommodate additional utility and telecommunications facilities if the lease is granted.
C.
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted.
D.
The public interest in minimizing the cost and disruption of construction upon City property and within the public ways.
E.
The service that applicant will provide to the community and region.
F.
The effect, if any, on public health, safety, and welfare if the lease requested is approved.
G.
The availability of alternate routes and/or locations for the proposed facilities.
H.
Whether the applicant is in compliance with applicable federal and state telecommunications laws, regulations and policies, including, but not limited to, the registration requirements administered by the Washington Utilities and Transportation Commission.
I.
The potential for radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property.
J.
The potential for radio frequency and other interference or impacts upon residential, commercial, and other uses located within the vicinity of the City property.
K.
Such other factors as may demonstrate that the lease to use the City property will serve the community interest.
No Facilities Lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property.
No Facilities Lease granted under this Article shall confer any exclusive right, privilege, license, or franchise to occupy or use City property for delivery of telecommunications services or any other purposes.
Unless otherwise specified in a lease agreement, a Facilities Lease granted hereunder shall be valid for a term of 1 year, subject to annual renewal as provided in this Article.
No Facilities Lease granted under this Article shall convey any right, title or interest in the City property, but shall be deemed a license only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no Facilities Lease shall be construed as any warranty of title.
No Facilities Lease shall be granted under this Article unless it contains a provision which is substantially similar to the following:
The City has previously entered into leases with other tenants for their equipment and antennae facilities. Lessee acknowledges that the City is also leasing the City property for the purposes of transmitting and receiving telecommunication signals from the City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use of the City property, and the Lessee cannot work out this interference with the other tenants, the Lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other facilities located upon the City property subject to this lease.
No Facilities Lease shall be granted under this Article unless it contains a provision which states that all buildings, landscaping, and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after receiving notice from the City requiring removal of the improvements. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days written notice from the City.
A.
All Facilities Leases are contingent upon the prospective lessee obtaining all necessary permits, approvals, and licenses for the proposed facilities. In the event that the prospective lessee is unable to obtain all such permits, approvals, and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City.
B.
In the event that the holder of a Facilities Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the lease upon 120 days written notice to the City. However, no prepaid rent shall be refundable.
Each Facilities Lease granted under this Article is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in this Chapter shall prohibit the City and a lessee from agreeing to the compensation to be paid. Such compensation shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date and interest shall accrue at the highest rate allowable by law.
Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application.
A lessee that desires to renew its Facilities Lease under this Article shall, not more than 120 days nor less than 60 days before expiration of the current Facilities Lease, file an application with the City for renewal of its Facilities Lease which shall include the following:
A.
The information required pursuant to Section 12.12.0500 of this Chapter;
B.
Any information required pursuant to the Facilities Lease agreement between the City and the lessee;
C.
All deposits or charges required pursuant to this Chapter; and
D.
An application fee which shall be set by the City Council by resolution.
Recognizing that the City is under no obligation to grant a renewal of a Facilities Lease for the use of City property, the City shall strive to consider and take action on applications for renewal of such leases within 60 days after receiving a complete application for such a lease renewal. When such action is taken, the City shall issue a written determination granting or denying the lease renewal in whole or in part, applying the standards set forth below, or any other such criteria as the City Council may choose to apply. If the renewal application is denied, the written determination shall include the reason for denial, if any.
A.
The financial and technical ability of the applicant.
B.
The legal ability of the applicant.
C.
The continuing capacity of the City property to accommodate the applicant's existing facilities.
D.
The applicant's compliance with the requirements of this Chapter and the lease agreement.
E.
Applicable federal, state and local telecommunications laws, rules and policies.
F.
Such other factors as may demonstrate that the continued grant to use the City property ways will serve the community interest.
No Facilities Lease shall be renewed until any ongoing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City.