2398ORDINANCE NO. 2398
AN ORDINANCE TO AMEND THE BLAIR MUNICIPAL CODE BY AMENDING
CHAPTER 10 BUSINESS REGULATIONS, AND ADDING A NEW ARTICLE 24 ENTITLED
"UTILIZATION OF PUBLIC RIGHT OF WAY", REGULATING THE CITY'S PROCESSING
OF APPLICATIONS FOR THE USE OF THE PUBLIC RIGHT OF WAY BY
TELECOMMUNICATIONS COMPANIES; AND TO PROVIDE THE EFFECTIVE DATE
THEREOF, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT AND PUBLISHED IN PAMPHLET FORM.
BE IT ORDAINED by the City Council of the City of BLAIR, Nebraska as follows:
Section 1. That the BLAIR Municipal Code is amended by amending Chapter 10 Business
Regulations, to include a new Article, namely: Article 24 entitled "UTILIZATION OF PUBLIC
RIGHT OF WAY", consisting of Sections 10-2401 through 10-2415, reading as follows:
Chapter 10 BUSINESS REGULATIONS.
ARTICLE 24. Utilization of the Public Right of Way
Section 10-2401. Findings and purpose.
A. The city council finds that it is necessary to achieve a balance between the
telecommunications needs of the city's citizens, and the orderly, safe, and aesthetic use
of facilities by telecommunications companies. Sometimes, federal or state law
encourage the placement of such small wireless facilities in public rights of way.
B. The city is responsible for the safe and aesthetic maintenance of its public rights of way,
for the benefit of the public and for the protection of public health, safety, and welfare.
Public rights of way are a finite resource and are subject to demands from competing
interests. It is necessary to govern their use in a fair, safe, and orderly manner. This
includes the proposed use of public right of way for telecommunications purposes. The
city is also responsible for the processing and review of proposed telecommunications
uses for properties other than public rights of way, with the objective ofprotecting public
health, safety, and welfare.
C. It is therefore appropriate to adopt these rules and regulations for the processing and
review of any proposed telecommunications facility, both on public rights of way and
on other properties.
D. The purpose of this article is to adopt regulations governing the safe, responsible, and fair
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deployment telecommunications facilities on public rights of way and on other
properties.
Section 10-2402. Definitions.
For the purposes of this Article, the defined terms, phrases, words, abbreviations, and their
derivations shall have the meaning given in this section. The purpose of these provisions is
to promote consistency and precision in the interpretation ofthis Article. The meanings and
construction ofwords as set forth shall apply throughout this Article, unless where modified
in a specific section or where the context of such words or phrases clearly indicates a
different meaning or construction.
ACTION or TO ACT --The city's grant of an application or issuance of written decision
denying an application.
ANTENNA -- Communications equipment thattransmits orreceives electromagnetic radio
frequency signals used in providingwireless services.
APPLICABLE CODES -- Any uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization or local amendments
to such codes so long as such amendments are not in conflict with federal or state law and to
the extent such codes have been adopted by the city and are generally applicable in the city.
APPLICANT -- Any person who submits an application and is a telecommunications
provider.
APPLICATION -- A written request submitted by an applicant to the city (1) for a permit to
collocate small wireless facilities on an existing utility pole or support structure or (2) for a
permit for approval for the installation, modification, or replacement of a utility pole to
support the installation of a telecommunications facility.
AUTHORIZATION -- Any approval that the city must issue under this article and
applicable codes prior to the deployment of a telecommunications facility, along with any
associated antenna equipment and support structure, including, but not limited to, zoning
approval, building permit, and permit under this article.
CANTENNA -- means a cylindrical shaped antenna.
COLLOCATE or COLLOCATION -- To install, mount, maintain, modify, operate, or
replace small wireless facilities on or adjacent to a support structure or utility pole.
Collocate or collocation does not include the installation of a new utility pole or new
support structure in the right-of-way.
COMMUNICATIONS FACILITY -- Any set of equipment and network components
including wires, cables, and associated facilities used by a cable operator as defined in 47
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U.S.C. 522(5), as such section existed on January 1, 2019, ate] ecommuni cations carrier as
defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of
information service as defined in 47 U.S.C. 153(24), as such section existed on January 1,
2019, or a wireless services provider, to provide communications services, including cable
service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an
information service as defined in 47 U.S.C. 153(24), as such section existed on January 1,
2019, wireless services, or other one-way or two-way communications service.
COMMUNICATIONS NETWORK --A network used to provide communications service.
COMMUNICATIONS SERVICE -- A cable service as defined in 47 U.S.C. 522, as such
section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as
such section existed on January 1, 2019, a telecommunications service as defined in 47
U.S.C. 153, as such section existed on January 1, 2019, or a wireless service.
COMMUNICATIONS SERVICE PROVIDER --A cable operator as defined in 47 U. S.C.
522, a provider of information service as defined in 47 U. S.C.153, or a telecommunications
carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019.
Communications service provider includes a wireless provider.
DECORATIVE POLE -- A utility pole that is owned, managed, or operated by or on behalf
of the City, and which is specially designed and placed for aesthetic purposes.
DEPLOYMENT -- Placement, construction, or modification of a telecommunications
facility. FCC --The Federal Communications Commission.
FEE -- A one-time, nonrecurring charge, to be collected upon application.
HISTORIC DISTRICT -- Any prehistoric or historic district, site, building, structure, or
object included in, or eligible for inclusion in, the National Register of Historic Places, in
accordance with Stipulation VI.D.I.a(i)-(v) oftheNationwide Programmatic Agreement for
Review of Effects on Historic Properties for Certain Undertakings Approved bythe Federal
Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation
existed on January 1, 2019, or designated pursuant to state historic preservation law if such
designation exists at the time of application.
INTERNET SERVICE PROVIDER An Internet Service Provider (ISP) is a company that
provides third parties access to the Internet via the equipment and telecommunication line
access required to have a point -of -presence on the Internet for the geographic area served.
LAW --Any federal, state, or local law, statute, common law, code, rule, regulation, order,
or ordinance.
MAKE-READY WORK -- All work, as reasonably determined by the city, required to
accommodate a telecommunications facility on a utility pole, and to comply with all the city's
applicable codes. Such work includes, but is not limited to, modification or replacement of
utility poles or lines, installation of guys and anchors, rearrangement of existing equipment,
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inspections, reasonable consultant fees or expenses, permitting work, design, planning,
construction, materials, cost of removal (less any salvage value), tree trimming (other than
treetrimmingperformed fornormal maintenance purposes), facility construction, orconduit
system clearing, but does not include ordinary maintenance.
MICROWIRELESS FACILITY --Any telecommunications facility that is not larger in
dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in
height and with any exterior antenna no longer than eleven inches.
ORDINARY MAINTENANCE AND REPAIR -- Inspections, testing and/or repair that
maintain functional capacity, aesthetic and structural integrity of a facility.
PERMIT -- A written authorization, in electronic orhard copy format required bythe city to
perform an action, initiate, continue, or complete installation of a telecommunications
facility on an existing utility pole or an existing support structure, or to install, modify, or
replace a utility pole to support installation of a telecommunications facility.
PERMITTEE -- An applicantthat has received a permit under this article, and its successors
and assignees.
PERSON -- An individual, a corporation, a limited liability company, a partnership, an
association, a trust, or any other entity or organization.
PUBLIC POWER SUPPLIER -- A public power district or any other governmental entity
providing electric service. Public power supplier includes a municipal electric utility or a
rural public power supplier.
RATE -- A recurring charge, collected on a regular basis such as annually.
REPLACE or REPLACEMENT -- In connection with an existing utility pole or support
structure, to replace (or the replacement of) same with a new pole or structure in
conformance withthis article and any other applicable codes, in orderto address limitations
of the existing pole or structure to structurally support collocation of a
telecommunications facility.
RIGHT OF WAY -- The area on, below, or above a public roadway, highway, street,
sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway
as defined in§ 39-1302, the National System of Interstate and Defense Highways, or a
private easement.
RURAL PUBLIC POWER SUPPLIER -- A public power district, a public power and
irrigation district, an electric cooperative, or an electric membership association, that does
not provide electric service to any city ofthe metropolitan class, city of the primary class, or
city of the first class.
SIGHT TRIANGLE ZONE -- An area defined by a triangle with legs of 30 feet from the
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point at which the curbs or edges of two intersecting streets, private ways, trails, sidewalks,
courts or an intersecting street, private way, trail, sidewalk or court and driveway meet.
SHOT CLOCK -- The period of time in which the city is required to act on an application.
TELECOMMUNICATIONS FACILITY -- Any wireless facility that meets each of the
following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in
height including the antennas or (b) are mounted on structures no more than ten percent taller
than other adjacent structures; (2) each antenna associated withthe deployment is no more than
three cubic feet in volume; (3) all other equipment associated with the structure, whether
ground -mounted or pole -mounted, is no more than twenty-eight cubic feet in volume; (4) the
facilities do not require antenna structure registration under 47 C.F.R. part 17, as such
regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as
defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the
facilities do not result in human exposure to radio frequency radiation in excess of the
applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on
January 1, 2019.
SUPPORT STRUCTURE -- Any structure such as a guyed or self-supporting tower,
billboard, building, or other existing or proposed structure designed to support or capable of
supporting wireless facilities other than a structure designed solely for the collocation of
small wireless facilities. "Support structure " does not include a utilitypole.
TECHNICALLY FEASIBLE -- By virtue of engineering or spectrum usage, the proposed
placement for a telecommunications facility, or its design or site location, can be
implemented without a reduction in the functionality of the telecommunications facility.
TELECOMMUNICATIONS — the transmission, between or among points specified by the
user, of information of the user's choosing, without change in the form or content of the
information sent and received.
TELECOMMUNICATIONS EQUIPMENT — Means the offering of telecommunications
for a fee directly to the public, or to such classes of users as to be effectively available
directly to the public, regardless of facilities used.
TELECOMMUNICATIONS CARRIER — Any provider of telecommunications services.
UTILITY POLE or POLE -- A pole located in the right-of-way that is used for wireline
communications, lighting, thevertical portion ofsupport structures fortraffic control signals or
devices or a similar function, or forthe collocation ofsmall wireless facilities and located inthe
right-of-way. Utility pole does not include (1) support structures, (2) any transmission
infi•astructure owned or operated by a public power supplier or rural public power supplier, and
(3) any distribution or communications infrastructure owned or operated by a rural public
power supplier.
WIRELESS FACILITY -- Equipment at a fixed location that enables wireless
communications between user equipment and a communications network, including (a)
equipment associated with wireless communications and (b) radio transceivers, antennas,
coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of
technological configuration. Wireless facility includes small wireless facilities. "Wireless
facility" does not include (a) the structure or improvements on, under, or within the
equipment which is collocated, (b) coaxial or fiber-optic cable that is between wireless
structures or utility poles or that is otherwise not immediately adjacent to, or directly
associated with, a particular antenna, or (c) a wireline backhaul facility.
WIRELESS INFRASTRUCTURE PROVIDER -- Any person, including a person
authorized to provide telecommunications service in the State of Nebraska, when acting to
build or install wireless communication transmission equipment, wireless facilities, or
support structures, but that is not a wireless services provider.
WIRELESS PROVIDER -- A wireless services provider or a wireless infrastructure
provider when acting as a co -applicant for a wireless services provider.
WIRELESS SERVICES -- Any services using licensed or unlicensed spectrum, including the
use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless
facilities.
WIRELESS SERVICES PROVIDER -- A person who provides wireless services.
WIRELINE BACKHAUL FACILITY -- An above -ground or underground facility used to
transport communications services from a wireless facility to a communications network.
Section 10-2403. Applicability.
This article shall apply to all deployments of telecommunication facilities on rights of way or other
public or private property within the city and its two mile extraterritorial jurisdiction, as amended
or annexed from time to time, except as specifically excluded in this section or in this article. With
respect to deployments on rights of way which are owned by another jurisdiction, the city shall
coordinate its regulation under this article with such jurisdiction, by agreement or otherwise, so that
only one of the jurisdictions regulates the same. This article shall not apply to any facility that was in
existence and authorized by an agreement with the city as of the effective date of this article.
Notwithstanding this section, the shot clock for an application shall be governed by this article or by
an existing agreement, whichever provides for a shorter shot clock Notwithstanding this section,
application fees and yearly rates shall be governed by this article or by an existing agreement,
whichever provides for smaller fees or rates. This article shall not apply to the design, engineering,
construction, installation, or operation of any telecommunications facility located in the interior
structure or upon the site of any college or university campus, stadium, or athletic facility not owned
or controlled by the city, other than to comply with applicable codes. For an application submitted to
the State of Nebraska regarding a location within right of way or other property owned or controlled
by the State, to the extent that the State seeks a recommendation from the city regarding such
application, the city shall apply the location and design standards of Section 10-2411. The applicant
for a location on such State right of way or other property shall provide to the city a copy of the
application submitted to the State, but no application fee shall be due. This article shall not apply to a
microwireless facility that is strung on a cable between existing utility poles in compliance with the
National Electrical Safety Code, which maybe installed, maintained and operated without permit or
fees; provided, that standard rules regulating the excavation or closing of sidewalks or streets shall
apply to the same.
Section 10-2404. Permit required.
It shall be unlawful for any person to install, maintain, or operate a telecommunications facility,
unless such person shall have previously obtained a permit under this article from the city expressly
authorizing such telecommunications facility. It shall be unlawful for any person to collocate a
telecommunications facility on or associated with an existing utility pole or support structure, unless
such person shall have previously obtained a permit under this article from the city expressly
authorizing the attachment or association of that specific telecommunications facility. It shall be
unlawful for anyperson to construct, install, replace, maintain, or operate anew utilitypole orsupport
structure to which will be attached or associated a telecommunications facility, unless such person
shall have previously obtained a permit under this article.
Section 10-2405. Application.
A. Form and content. Application for a permit under this article shall be filed with the
Director of Public Works or his or her designee, on a form provided by that department.
On or in addition to that form, an application shall include the following:
(1) The applicant' s name, address, telephone number, and e-mail address,
including emergency contact information for the applicant.
(2) The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the applicant with respect to the
application.
(3) A description ofthe proposed work and the purposes and intent ofthe proposed
telecommunications facility.
(4) If applicable, written authorization from the owner of the utility pole or support
structure on which the telecommunications facility will be placed or attached,
if not the city. For a utility pole or support structure owned or controlled by
the Omaha Public Power District or other owner, the applicant shall provide
proof of approval of the specific plans by that District or owner.
(5) Two (2) detailed construction drawings regarding the proposed
telecommunications facility, and any associated equipment and utility pole or
support structure. The drawings shall show the location, dimensions,
elevations, equipment specifications, and attachment methods for the
telecommunications facility, all equipment, and the utility pole or support
structure.
(6) To the extent the proposed telecommunications facility involves collocation
on a utility pole or support structure, a structural report performed by a duly
licensed engineer evidencing that the pole or support structure will structurally
support the collocation (or that the pole or support structure will be modified
to meet structural requirements) in accordance with applicable codes.
(7) For any new above ground antenna equipment,a conceptual rendering of the said
equipment, including accurate visual depictions and locations, if not included
in the construction drawings.
(8) A full description of any make-ready work to be performed by the city in
preparation for the proposed installation and use of the telecommunications
facility, associated equipment and utility pole or support structure.
(9) The application fee as required by this article.
(10) Bond and certificate of insurance as required by this article.
(11) The application form shall include:
(a) Language providing for the indemnification of the city by the applicant
as required by this article; and
(b) Anattestation bythe applicant that the telecommunications facility shall
be operationalforuse by a wireless services provider within nine months
after the later of the completion of all make-ready work or the permit
issuance date, unless a delay is caused by lack of commercial power or
communications transport facilities to the site, in which case the
deadline shall be extended for up to nine months.
(c) The applicant's signature on and submittal of the application shall
constitute agreement to subsections (A) and (B) above.
B. Batching. Anq atmay not apply for more than one telecommunication facilities in a single
application. Application fees shall be paid for each telecommunications facility, as
provided in this article.
C. Replacement or modification. Apermittee shall be required to file an application and pay an
application fee for the proposed replacement or modification of an existing
telecommunications facility, antenna equipment, or associated utility pole or support
structure. hi such case, the application shall include two (2) updated drawings of the
facilities showing such replacement or modification. Such proposed replacement or
modification shall be reviewed and acted upon by the city as if it were an initial
application. This section C does not apply to the replacement of a telecommunications
facility with a telecommunications facility that is substantially similar in weight or
windage or the same size or smaller, in which case no permit, application, or fee is
required.
D. Shot clock. The city shall act on a filed application, and all associated requests, on or
before the expiration of the shot clock period.
(1) The shot clock period for an application is the sum of:
(a) Ninety days, phis one additional period of ten business days if
requested in writing by the city prior to the expiration of the ninety
days, plus,
(b) Such additional number of days ofthe tolling period, if any, pursuant to
subsection (D)(2) below.
(2) Unless a written agreement between the applicant and the city provides
otherwise, the tolling period for an application, if any, is as set forth below:
(a) If the city notifies the applicant in writing on or before the twentieth day
after submission that the application is incomplete, and specifically
identifies the missing documents or information, the shot clock date
calculation shall restart at zero on the date on which the applicant
submits all the documents and information identified by the city to
render the application complete.
(b) Subsequent findings of incompleteness shall further toll the shot clock
from the time the city sends written notice of incompleteness until the
time the applicant provides the missing information.
(c) Ifthe applicant submits new or additional documents or information that
include material changes not otherwise required by the city, a new
application and application fee shall be submitted.
(3) The shot clock deadline for an application is determined by counting forward,
beginning on the day after the date when the application was submitted, by the
number of calendar days of the shot clock period identified pursuant to this
subsection (D); provided, that if the deadline calculated in this manner falls on a
weekend or holiday, the deadline shall be the next business day after such date. The
term "business day" means any day that is not a weekend day or holiday.
E. Permit issuance. Approval of an application authorizes the permittee to maintain and
operate the small wireless facilities and any associated utility pole covered bythe permit for
a period of five years, subject to applicable relocation requirements and the permittee's
right to terininate at any time. At the end of each such term, such permit shall be considered
automatically renewed for an equivalent duration so long as thepermittee complies with the
criteria of this article as of the time the permit was issued.
Section 10-2406. Fees.
A. Application fees.
(1) An application for a permit under this article for the collocation of a
telecommunications facility on an existing utility pole or support structure shall
be accompanied by an application fee in the amount of $100.00 per
telecommunications facility.
(2) An application for a permit for one new, modified, or replacement utility pole or
support structure intended to support one or more small wireless facilities, and for
one telecommunications facility to be placed on such pole or structure, shall be
accompanied by an application fee of $250.00 per pole or structure.
B. Annual rates. A permittee who does not pay the city any occupation taxes under Chapter
10, Article 18 of this Code or pay the city a franchise fee shall payto the city an annual rate
of $20.00 for each telecommunications facility attached to a utility pole in city right of way,
and an annual rate of $250.00 for each telecommunications facility located anywhere else
in city right of way or city property. A permittee who does pay the city any occupation taxes
under Chapter 10, Article 18 of this Code or pay the city a franchise fee shall not be
required to pay to the city an annual rate the annual rate shall be paid by or before January
1, in advance for the ensuing year.
C. Reimbursement of direct costs. If the applicant or permittee excavates or damages city
right of way or other city property and the city repairs such excavation or damage, the
applicant or permittee shall reimburse to the city the actual cost of such repair, as provided
in Section 10-2310.
Section 10-2407. Interference, removal, relocation and abandonment.
A. In the event that any facility of a permittee on city right of way or city property obstructs
or hinders the usual travel or public safety or obstructs the legal use of such right of way
or property by utilities or other authorized users, the city may provide written notice
to the permittee of such interference and of the need to resolve such interference. In
the event that any such facility ofthe permittee causes any radiofrequency interference
to any city facilities or other uses of city right of way or city property, the city may
notify the permittee in writing of such interference and the need to resolve such
interference. Upon service of any notice under this subsection, the permittee shall
remedy such interference within 90 days or, in the case of an emergency, within such
shorter time period as directed by the city. If such interference is not resolved in a
timely manner, the permittee shall, at its own expense, remove its facilities from that
location. In such case, the permittee may apply for the relocation of similar facilities
at another location, without payment of an application fee.
B. Within 10 days following written notice from the city, the permittee shall, at its own
expense, protect, support, temporarily or permanently disconnect, remove, relocate,
change or alter the position of any of its facilities, whenever the city has determined,
in its sole discretion, that such removal, relocation, change or alteration is necessary for
the construction, repair, maintenance or installation of any city improvement in,
under or upon the public right of way. The permittee shall be responsible to the city
for any damages or penalties the city may incur as a result of the permittee's failure to
remove or relocate the facilities as required in this subsection.
C. The city retains the right and privilege to cut or move any facility ofthe permittee located
within the public right of way or on city property, as the city may determine in its sole
discretion to be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the city shall notify the permittee and give the permittee an
opportunity to move its own facilities prior to cutting or removing the facilities. In
all cases the city shall notify the permittee after cutting or removing the facilities as
promptly as reasonably possible. The permittee shall reimburse the City for any
costs incurred as a result of having to cut or move any facility of the permittee
located within the public right of way or on city property, and shall hold the city
harmless from any damages to the permittee's property.
D. Permittee understands and acknowledges that the city, at any time and from time to
time, may require permittee to remove or relocate upon a written request from the city
right of way or the city property upon ten (10) days' notice at permittee's sole cost
and expense, all or a portion of the small cell facility whenever city reasonably
determines that the removal or relocation is needed: (1) to facilitate or accommodate
the construction, completion, repair, relocation, or maintenance of a city project, (2)
because the small cell facility interferes with or adversely affects proper operation of
the light poles, traffic signals, city -owned communications systems or other city
facilities, (3) because of a sale or vacation of the Public Ways by the city, (4) because
there is a change in use of the right of way by the city provided such use similarly
effects similarly licensed users in the public right of way, (5) because there is damage
to and/or removal of the pole or right of way, or (6) to preserve and protect the public health
and safety, in a manner not inconsistent with 47 U.S.C. § 332(c)(7). Permittee shall at its
own cost and expense remove, relocate and/or adjust the small cell facility, or any part
thereof, to such other location or locations in the Public Rights -of -Way, or in such manner,
as appropriate, as may be designated or granted, in writing and in advance, by the city. Such
removal, relocation, adjustment shall be completed within the time prescribed by the city in
its written request and in accordance with the terms of this Agreement. Permittee shall not be
in default hereunder if it has taken appropriate action as directed by the city to obtain such
grant. If permittee fails to remove, relocate, adjust or support any portion of the small cell
facility as described by the city within the prescribed time, city may take all reasonable,
necessary, and appropriate action, as stated in this ordinance.
E. The permittee may abandon its facilities at a location. The permittee shall notify the city
of abandonment of any facility atthe time the decision to abandon is made, but in no case
shall such notification be made later than 30 days prior to abandonment. The permittee
shall, within 3 0 days of such notice, remove its facilities at the permittee' s own expense,
unless the city determines and states in writing, in its sole discretion, that any part of
the facilities may be abandoned in place. The permittee shall remain solely responsible
and liable for all of its facilities until they are removed from the public right of way
unless the city agrees in writing to take ownership of the abandoned facilities. For the
purpose of this subsection, abandonment of facilities and cancellation of the related
permit shall also be deemed to have occurred after such facilities are not used for a
period of one year.
F. If the permittee fails to timely protect, support, temporarily or permanently disconnect,
remove, relocate, change or alter any of its facilities or remove any of its abandoned
facilities as required in this section, the city or its contractor may do so. In such case, the
permittee shall pay all reasonable costs related to such work.
Section 10-2408. Indemnification.
In submitting an application and maintaining and operating its facilities, the permittee
agrees to indemnify, defend and hold the city harmless from all claims, costs, damages,
demands, suits, judgments, court costs and costs of defense, including attorney fees,
which arise out of, in whole or in part, permittee' s acts or omissions pursuant to its
permit or this article, or which arise out of, in whole or in part, the installation,
construction, operation, or maintenance of the permittee's facilities, whether or not any
act or omission complained of is authorized, allowed, or prohibited by the permit or this
article. Permittee's indemnity shall not apply to any loss or damage resulting from the
negligence or willful misconduct ofthe city or its employees, contractors, or agents. The
application to be signed by the applicant shall contain the indemnification language
stated in this section.
Section 10-2409. Insurance.
A. Upon and after application, the permittee of apermit under this article shall procure and
thereafter continuously maintain for as long as any permit in its favor remains in effect,
at the permittee's expense, commercial general liability insurance per ISO form or its
equivalent with a limit of at least $2,000,000 per occurrence and at least $2,000,000
general aggregate for bodily injury (including death) and $2,000,000 property
damage, including explosion, collapse and underground property damage and an
Umbrella liability of $4,000,000 with a maximum deductible of $50,000.00 and/or
base insurance. Upon receipt of notice from its insurer(s), the permittee shall provide
the city with thirty (3 0) days prior written notice of any prospective cancellation of the
policy, unless the required coverage is immediately replaced. A certificate of
insurance shall be provided with the application. The policy shall be available for
review by the city upon request. The policy shall include the city as additional insured
as its interest may appear under this article.
B. Upon and after application, the permittee of permit located on right of way or other city
property shall provide and maintain in effect a bond naming permittee as obligor, with
a surety, in favor of the city, in the minimum amount of $50,000, to cover all permitted
sites of the permittee. The surety of the bond shall be a surety company licensed to do
business in Nebraska. The bond shall be conditioned:
(1) That the permittee and its successors or assigns shall indemnify, defend, and
hold the city harmless from all claims, costs, damages, demands, suits,
judgments, and court costs and costs of defense, including attorney fees,
which arise out of, in whole or in part, permittee's acts or omissions pursuant
to its permit or this article, or which arise out of, in whole or in part, the
installation, construction, operation, or maintenance of the permittee's
facilities, whether or not any act or omission complained of is authorized,
allowed, or prohibited bythe permit orthis article.
(2) For the maintenance of the sidewalk or public right of way.
(3) For the compliance with all applicable laws regarding the permitted facilities
and the use of the city right of way or other property.
(4) For the return of the sidewalk, street, right of way or other public property to
its condition prior to the permit.
Section 10-2410. Penuittee duties.
As a condition of the issuance of a permit under this article, the permittee shall
perform the following duties:
A. All telecommunication facilities, Small wireless facilities and associated
communications facilities, utility poles and support structures shall be located,
installed and maintained so that they do not materially endanger the lives, health or
safety of persons, or materially interfere with any public improvements the city or
other governmental entities (including any traffic control devices or signs, gas,
electric, storm water, sanitary sewer or water utilities or enterprises) have in place or
may deem proper to make. The location, installation or maintenance of the
telecommunications facility and associated communications facilities, utility pole
and support structure shall not hinder or obstruct the usual travel or public safety on
right of way, or obstruct the legal use of right of way by utilities or the safe operation
of their systems or provision of service.
B. All telecommunicafionfacilities, small wireless facilities and associated communications
facilities, utility poles, and support structures shall be located, installed, and used so
as to cause minimum radiofrequency interference with the rights and reasonable
convenience of other users of rights of way and of owners' property which adjoins
rights of way, except to the extent such interference is specifically authorized by
federal law.
C. All construction, excavation, maintenance, and repair work done by the permittee
shall be done in a safe, workmanlike and expeditious manner which minimizes
inconvenience and danger to the city, the general public and individuals. All such
construction, excavation, maintenance, and repair work done by the permittee shall
comply with all applicable codes and laws. The city shall have the right to inspect
all construction or excavation work to ensure compliance with applicable codes, laws,
and permits, and may order the permittee to perform corrective work. All right of
way or other city property disturbed by permittees' activities shall be promptly restored
by the permittee at its expense to its former condition, subj ect to inspection bythe city. If
the permittee fails to make required repairs, the city may give the permittee written
notice of the required repairs. If after such notice the permittee fails to make the required
repairs within fourteen days, the city may make the repairs, and permittee shall pay the
city the reasonable documented cost of such repairs. The city shall grant the permittee a
ten-day extension to perform repairs if requested by the permittee within the original
fourteen-dayperiod. In the event of immediate threat to life, safety, or to prevent serious
injury, the city may immediately undertake to restore the site and then notify the
permittee and charge the permittee for all reasonable restoration costs.
D. The permittee shall install, construct, maintain and operate its telecommunications
facility, small wireless facilities and associated communications facilities, utility poles,
and support structures in a safe manner providing reasonable protection against injury or
damage to any and all persons or property.
E. Unless otherwise specified in the permit, the permittee shall erect a barrier around the
perimeter of any excavation and provide appropriate traffic control devices, signs and
lights to protect, warn and guide the public (vehicular and pedestrian) through the work
zone. The manner and use ofthese devices shall be described within a traffic control plan in
accordance with the Manual on Uniform Traffic Control Devices. The permittee shall
maintain all barriers and other traffic control and safety devices related to an open
excavation until the excavation is filled and finished to the satisfaction of the city, or as
otherwise directed by the city.
F. All construction and use of any telecommunication facility, small wireless facilities and
associated communication facilities, utility poles, and support structures shall comply with
the permit and approved final plans and specifications. Upon completion of installation of
the telecommunication facilities and associated communication facilities, utilitypoles and
support structures, the permittee shall notify the Director of Public Works or his/her
Designee within three (3) business days of the completion of said work so that the city
may conduct an inspection as provided for above. The city will perform any such
inspection within five (5) business days. Any construction that does not conform to the
permit and approved final plans and specifications shall be reconstructed or repaired to
conform to the permit and approved final plans and specification within five (5) business
days. If the construction and use of the telecommunication facilities and associated
communication facilities, utility poles, and support structures continues to fail to conform
to the permit and approved final plans and specifications, the city may revoke the associated
permit until such time as the work is in conformance.
G. If a new utility pole or support structure is to be built for the sole or primary purpose of
supporting a telecommunications facility, such pole or structure shall comply with all
applicable codes.
H. The permittee shall always follow the Manual on Uniform Traffic Control Devices (MUTCD)
when it is working in the street, city sidewalks, or in the right of way. The city reserves the
right to shut down construction by the permittee if the city determines in its sole discretion
that the permittee is violating public safety.
Section 10-2411. Location and design standards.
The City understands technology is ever changing. All applicants for telecommunications
facilities shall be subject to the approval of the Director of Public Works or his or her
designee. If the applicant believes the decision of the Director of Public Works or his or
her designee is incorrect, the applicant may apply to the City Council for approval. All
applicants should be aware and follow the standards for small wireless facilities under
Section 10-2311, if practical.
Section 10-2412. Make-ready work.
A. In its application, the applicant shall identify any make-ready work proposed to be
performed by the city. Within one hundred twenty days after receipt of a completed
application, the city shall provide a preliminary good faith estimate of the cost of such
make-ready work to be paid by the applicant to the city. The applicant shall pay to the
city the amount ofthe estimated cost. Make-ready work to be performed by the city shall
be completed within ninety days after written acceptance ofthe good faith estimate bythe
applicant. Upon the city's completion ofthe make-ready work, the applicant shall paythe
city, or the city shall refund to the applicant, as the case may be, the difference between
the cost estimate paid and the actual cost. Total fees shall not exceed actual costs of the
make-ready work.Alternatively, the city and the applicant may agree that the applicant or a
party other than the city may perform the make-ready work, subject to the city's
approval before and after the work.
B. The city may require replacement ofthe utility pole if it determines that the collocation
would make the utility pole structurally unsound. The person owning the utilitypole shall
not require more make-ready work than required to meet applicable codes and industry
standards.
Section 10-2413. Assignment.
A permittee may assign its rights to a permit, telecommunications facility, and associated
equipment or structures it owns, to an assignee. Stich assignment shall not be effective until
the applicant and the assignee sign and file with the building and inspections department a
notice of assignment, containing:
A. The assignee's name, address, telephone number, and e-mail address, including
emergency contact information.
B. Exact location of all small wireless facilities and associated equipment or structures
being assigned.
Section 10-2414. (Reserved)
Section 10-2415. (Reserved)
Section 2. Effective Date. This Ordinance shall be in full force and effect fifteen (15) days
after its passage. The City Clerk is directed to effectuate the publishing of this Ordinance for at least
one (1) week in a newspaper in general circulation within the City of Blair, which publication must
take place within fifteen days of the passage of this Ordinance by the City Council. The City Clerk
shall cause this Ordinance to be published in book or pamphlet form. That this Ordinance shall have
the same force and effect as though it had been published at large.
That a copy of said Ordinance shall be filed for use and examination by the public in the office ofthe
City Cleric.
PASSED AND APPROVED this 26TH day of MAY 2020.
Attest;
BRENDA WHEELER, City Clerk
CITY OF BLAIR,
RICHARD HANSEN, MAYOR
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