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Ordinance 2018-531
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Ordinance 2018-531
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Last modified
12/6/2018 10:39:28 AM
Creation date
12/6/2018 10:29:53 AM
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CityClerk-Ordinances
Ordinance Number
2018-531
Date (mm/dd/yyyy)
12/06/2018
Description
Repeal Art II “Telecommunications ROW” of Chap 129; Amend Art III Chap 129 “Comm ROW”
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(2) Reservation of space on City utility poles. The City may reserve space on <br /> City_utility poles for future public safety uses. However, a reservation of <br /> f <br /> space may not preclude collocation of a small wireless facility. If <br /> replacement of the City utility pole is necessary to accommodate the <br /> collocation of the small wireless facility and the future public safety use. the <br /> pole replacement is subject to make-ready provisions and the replaced pole <br /> shall accommodate the future public safety use. The replaced pole shall <br /> continue to be owned by the City. <br /> l3) The rate to collocate a small wireless facility on a City utility pole shall be <br /> one-hundred fifty dollars ($150) per pole annually, or the highest rate <br /> authorized by applicable law. This amount shall not be deducted from any <br /> fees or taxes that may be due to the City. The fee shall be paid upon the <br /> City's issuance of a permit to collocate a small wireless facility on a City <br /> utility pole and annually thereafter. <br /> (4) Agreements between the City and wireless providers that were in effect on <br /> July 1. 2017, and that relate to the collocation of small wireless facilities in <br /> the right-of-way, including the collocation of small wireless facilities on City <br /> utility poles, remain in effect, subject to applicable termination provisions. <br /> The wireless provider may accept the rates, fees, and terms established under <br /> this Ordinance for small wireless facilities and utility poles that are the <br /> subject of an application submitted after the rates, fees, and terms become <br /> effective. <br /> (5) For a City utility pole that supports an aerial facility used to provide <br /> communications services or electric service, the parties shall comply with the <br /> process for make-ready work under 47 U.S.C. §224 and implementing <br /> regulations. The good faith estimate of the City for any make-ready work <br /> necessary to enable the pole to support the requested collocation must include <br /> pole replacement if necessary. <br /> (6) For a City utility pole that does not support an aerial facility used to provide <br /> communications services or electric service, the City shall provide a good <br /> faith estimate for any make-ready work necessary to enable the pole to <br /> support the requested collocation, including necessary pole replacement, <br /> within 60 days after receipt of a complete application. Make-ready work, <br /> including any pole replacement, must be completed within 60 days after <br /> written acceptance of the good faith estimate by the applicant. Alternatively, <br /> the City may require the applicant seeking to collocate a small wireless <br /> facility to provide a make-ready estimate at the applicant's expense for the <br /> work necessary to support the small wireless facility, including pole <br /> replacement. and perform the make-ready work. If pole replacement is <br /> required. the scope of the make-ready estimate is limited to the design, <br /> fabrication, and installation of a utility pole that is substantially similar in <br /> color and composition. The City may not condition or restrict the manner in <br /> 59 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />
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