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08-05-2019 Council Packet
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08-05-2019 Council Packet
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10/30/2021 1:08:48 PM
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7/31/2019 4:13:03 PM
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City Council
Council Document Type
Council Packet
Meeting Date
08/05/2019
Council Meeting Type
Work Session Regular
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13 <br /> <br />any Small Wireless Facilities in the Right-of-Way. <br /> <br />(9) Payment of Fees Required. A Small Wireless Facility Permit shall not be issued <br />prior to the complete payment of all applicable Fees. <br /> <br />(10) Notice of Assignment Required. A Permittee upon or within 10 calendar days <br />after transfer, assignment, conveyance, or sublet of an attachment that changes the <br />permit and/or billing entity or ownership responsibilities shall provide written <br />notification to the Department. <br /> <br />§ 305.07 SMALL WIRELESS FACILITY PERMIT TERM <br /> <br />(1) Term. A Small Wireless Facility Permit for a Small Wireless Facility in the Public <br />Right-of-Way shall have a term equal to the length of time that the Small Wireless <br />Facility is in use, unless the Small Wireless Facility Permit is revoked under this <br />Chapter or is otherwise allowed to be limited by Applicable Law. The term for all <br />other Small Wireless Facility Permits shall be for a period of up to 10 years. <br /> <br />§ 305.08 DENIAL OR REVOCATION OF A SMALL WIRELESS FACILITY <br />PERMIT <br /> <br />(1) Permit Denial. The Department may deny any Small Wireless Facility Permit if the <br />Applicant does not comply with all provisions of this Chapter, or if the Department <br />determines that the denial is necessary to protect public health, safety, and welfare, <br />or when necessary to protect the Public Right-of-Way and its current use. <br /> <br />(2) Permit Revocation. The Department may revoke a Small Wireless Facility Permit, <br />with or without refund, in the event of a substantial breach of the terms and <br />conditions of any statute, ordinance, rule, or regulation, or any material condition of <br />the Small Wireless Facility Permit. A substantial breach includes, but is not limited <br />to, the following: <br /> <br />(a) a material violation by act or omission of a provision of a Small Wireless <br />Facility Permit; <br />(b) an evasion or attempt to evade any material provision of a Small Wireless <br />Facility Permit, or the perpetration or attempt to perpetrate any fraud or deceit <br />upon the City or its citizens; <br />(c) a material misrepresentation of fact in a Small Wireless Facility Permit <br />Application; <br />(d) a failure to correct, in a timely manner, Collocation of a Small Wireless Facility <br />or installation or replacement of a Wireless Support Structure that does not <br />conform to applicable standards, conditions, or codes, upon inspection and <br />notification by the Department of the faulty condition; <br />(e) a Permittee fails to make timely payments of any fees due, and does not correct <br />such failure within 20 days after receipt of written notice by the City of such <br />failure;
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