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2019-001 Council Ordinances
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2019-001 Council Ordinances
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2/21/2021 11:14:34 PM
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12/2/2019 2:18:49 PM
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City Council
Council Document Type
Ordinances
Meeting Date
11/25/2019
Council Meeting Type
Regular
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that are subject to the Small Wireless Facility Permit, for any reason connected <br />with the performance of the work authorized by the Small Wireless Facility <br />Permit, including from exposure to radio frequency emissions; <br />(c) Any accident, damage. death, or injury to any Person or accident, damage, or <br />injury to any real or personal property in, upon, or in any way allegedly <br />connected with the Collocation of any Small Wireless Facility or installation or <br />replacement of any Wireless Support Structure authorized by a Small Wireless <br />Facility Peilliit, 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 />(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 />(2) Defense of City. Each Permittee agrees that. upon the request of the Department, <br />the Per nittee, 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 Peianittee <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 />(3) <br />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 />§ 305.15 FEES AND COSTS <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 />18 <br />
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