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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />15 <br />Licensee shall also provide evidence demonstrating, to the satisfaction of the City Attorney, <br />Licensee’s entitlement to use the proposed License Area for the Permitted Use. <br />(f) typical photo-simulations that accurately depict the appearance of each variation of <br />equipment installation proposed with the application. A photo-simulation of individual <br />installations is not required; rather a typical photo-simulation for each variant is required so City <br />staff can understand the general character of the equipment from an aesthetic perspective. <br />Photographs of similar installations from other communities are acceptable provided they <br />accurately depict the appearance of the equipment to be installed. <br />6.6 Pole License Application Review Process. <br />The City will review and process Pole License applications within the timeframe allowed <br />by the FCC and 47 U.S.C. § 332(c)(7)(B)(i)(II) and in the chronological order (date and time) in <br />which complete applications are submitted or deemed submitted unless Licensee specifically <br />requests a different prioritization. Except as stated in the preceding sentence or as otherwise <br />specified in this Master License, the City will not give priority to any application or licensee over <br />another application or licensee. The City, at its discretion, may solicit feedback from proximate <br />property owners for installations in a residential district or in close proximity to a sensitive <br />neighborhood. Licensee acknowledges that staff and budget considerations will limit the City’s <br />ability to review and process Pole License applications. During its review process, the City will <br />provide to Licensee the applicable License Fee and Default Fee Schedule (Exhibit A-4 to Pole <br />License) and City Installation Guidelines (Exhibit A-5 to Pole License), each of which will be <br />deemed to be attached to the Pole License upon execution by the City. <br />6.7 Administrative Payments. <br />The City is not obligated to begin its review of any Pole License application if Licensee <br />has failed to pay the applicable initial Administrative Payment under Section 4.7 (Pole License <br />Administrative Payments) when due. If Licensee does not timely deliver the required initial <br />Administrative Payment, the supplement for any Nonstandard City Pole, or any additional <br />Administrative Payment required for the City to complete its review, the City may suspend its <br />review of any of Licensee’s Pole License applications then under review by the City. The date <br />and time of submission of any suspended Pole License application will be deemed to be the date <br />and time that Licensee submits the required payment. <br />6.8 Pole License Approval. <br />The City will notify Licensee that the City has approved each Pole License by returning <br />one fully executed counterpart of the Pole License to Licensee. The City requires as a condition <br />to approval of any Pole License that Licensee provide proof that contractors installing Equipment <br />have bonds and insurance coverage as required by Section 19.5 (Contractors’ Bonds and <br />Insurance and City Business License). A City decision to grant or deny a Pole License application <br />is not a regulatory determination subject to appeal, but is an exercise of the City’s proprietary <br />authority over its Poles as its personal property. In the event that Licensee fails to commence <br />construction pursuant to the Pole License within one year from the date the City fully executes <br />the Acknowledgment Letter, the Pole License shall automatically expire unless the City grants a <br />written extension. Licensee shall not be entitled to any refund for any Administrative Payments, <br />which include without limitation the License Fee, paid in connection with a Pole License except <br />as provided in Section 27.1 (Early Termination by Either Party). Nothing in this Section is <br />intended to prohibit or prevent Licensee from submitting a new Pole License Application for the <br />same or substantially the same Poles as those covered under a Pole License that expired <br />pursuant to this Section. <br />6.9 Right to Disapprove. <br />Licensee acknowledges that the City reserves the absolute right to disapprove any Pole <br />License Application in whole or in part when the City determines in its sole judgment that the
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