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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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City Council
Council Document Type
Council Packet
Meeting Date
08/05/2019
Council Meeting Type
Work Session Regular
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18 <br /> <br />replacement of any Wireless Support Structure authorized by a Small Wireless <br />Facility Permit, or while in or about the Public Right-of-Way that are subject to <br />the Small Wireless Facility Permit, from any causes or claims arising at any <br />time, including any causes or claims arising from exposure to radio frequency <br />emissions; and <br /> <br />(d) Any release or discharge, or threatened release or discharge, of any hazardous <br />material caused or allowed by a Permittee or its agents about, in, on, or under <br />the Public Right-of-Way. <br /> <br />(2) Defense of City. Each Permittee agrees that, upon the request of the Department, <br />the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold <br />harmless the City against any claims as set forth in this Section, regardless of the <br />alleged negligence of the City or any other party, except for claims resulting <br />directly from the sole negligence or willful misconduct of the City. Each Permittee <br />acknowledges and agrees that it has an immediate and independent obligation to <br />defend the City from any claims that actually or potentially fall within the <br />indemnity provision, even if the allegations are or may be groundless, false, or <br />fraudulent, which obligation arises at the time such claim is tendered to the <br />Permittee or its agent by the City and continues at all times thereafter. Each <br />Permittee further agrees that the City shall have a cause of action for indemnity <br />against the Permittee for any costs the City may be required to pay as a result of <br />defending or satisfying any claims that arise from or in connection with a Small <br />Wireless Facility Permit, except only for claims resulting directly from the sole <br />negligence or willful misconduct of the City. Each Permittee further agrees that the <br />indemnification obligations assumed under a Small Wireless Facility Permit shall <br />survive its expiration or completion of Collocation of any Small Wireless Facility <br />authorized by the Small Wireless Facility Permit. <br /> <br />(3) Additional Requirements. The Department may specify in a Small Wireless <br />Facility Permit such additional indemnification requirements as are necessary to <br />protect the City from risks of liability associated with the Permittee's Collocation of <br />any Small Wireless Facility or installation or replacement of any Wireless Support <br />Structure. <br /> <br />§ 305.15 FEES AND COSTS <br /> <br />(1) Application Fees. The Department shall charge a fee for reviewing and processing <br />a Small Wireless Facility Permit Application. The purpose of this fee is to enable <br />the Department to recover its costs directly associated with reviewing a Small <br />Wireless Facility Permit Application. <br /> <br />(a) The Department shall charge a fee of $500 for a Small Wireless Facility Permit <br />Application seeking to Collocate up to five Small Wireless Facilities. This fee <br />shall increase by $100 for each additional Small Wireless Facility that an <br />Applicant seeks to Collocate.
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