Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

Home

6.4 Design Guidelines The parties agree that the installation configurations more particularly described and depicted in Exhibit B (the "Design Guidelines") will be presumptively approvable by the City. The City may update and amend the Design Guidelines from time -to -time, and may substitute such updated or amended Design Guidelines for the current Exhibit B upon written notice to Licensee. The City shall consult in good faith with Licensee before any update or amendment to the Design Guidelines becomes effective. Nothing in this Section is intended to limit or affect the City's rights to disapprove any Pole License Application pursuant to Section 6 (Pole License Approvals) or any other provision in this Master License that expressly reserves the City's right to disapprove any Pole License Application. 6.5 Pole License Application. Licensee shall submit Pole License applications to the City, which will review, approve, or deny each application in its reasonable discretion but subject to the requirements of any applicable Laws. Each application will consist of: (a) partially executed duplicate counterparts of a Pole License application in the form attached as Exhibit A; (b) Exhibit A-1 filled in with the location and other identifying information about each City Pole covered by the Application, including whether it is a Standard City Pole or a historic or decorative Nonstandard City Pole; (c) Exhibit A-2, consisting of all plans and specifications required under Subsection 7.1.1 (Strict Compliance Required); (d) the initial Administrative Payment as specified in Section 4.7 (Pole License Administrative Payments); and (e) if not previously provided, a copy of the Pre -Construction Emissions Report submitted for the Encroachment Permit. For Pole License applications relating to a License Area that is not solely owned by the City, including, but not limited to, City easements located on private property, Licensee shall also provide evidence demonstrating, to the satisfaction of the City Attorney, Licensee's entitlement to use the proposed License Area for the Permitted Use. (f) typical photo -simulations that accurately depict the appearance of each variation of equipment installation proposed with the application. A photo -simulation of individual installations is not required; rather a typical photo -simulation for each variant is required so City staff can understand the general character of the equipment from an aesthetic perspective. Photographs of similar installations from other communities are acceptable provided they accurately depict the appearance of the equipment to be installed. 6.6 Pole License Application Review Process. The City will review and process Pole License applications within the timeframe allowed by the FCC and 47 U.S.C. § 332(c)(7)(13)(i)(11) and in the chronological order (date and time) in which complete applications are submitted or deemed submitted unless Licensee specifically requests a different prioritization. Except as stated in the preceding sentence or as otherwise specified in this Master License, the City will not give priority to any application or licensee over another application or licensee. The City, at its discretion, may solicit feedback from proximate property owners for installations in a residential district or in close proximity to a sensitive neighborhood. Licensee acknowledges that staff and budget considerations will limit the City's ability to review and process Pole License applications. During its review process, the City will provide to Licensee the applicable License Fee and Default Fee Schedule (Exhibit A-3 to Pole 15