(A)

Intent. The regulations, requirements, and standards contained herein are intended to establish procedures and guidelines for the siting of wireless telecommunication towers and antennas and to accomplish the following:

(1)

To protect and promote the public health, safety, and general welfare of the residents of the City.

(2)

To protect the residential areas and other appropriate land uses from the potential adverse impacts of towers and antennas.

(3)

To encourage the location of towers and antennas in nonresidential areas and to locate such facilities, to the extent possible, in areas where the adverse impact on the community is minimal.

(4)

To minimize the total number of towers and antennas throughout the community by strongly encouraging the co-location of antennas on new preexisting tower sites as a primary option rather than the construction of additional single-use towers.

(5)

To encourage users of towers and antennas to configure them in a manner that minimizes their adverse visual impact on the adjacent community by utilizing careful design, siting, landscape screening and innovative camouflaging techniques.

(6)

To enhance the ability of the providers of telecommunication services to provide such services to the community through an efficient and timely process.

In furtherance of the foregoing, the City shall, however, provide appropriate consideration to its master plan, Zoning Code and map, existing land uses, and all environmentally sensitive areas in approving sites for proposed wireless telecommunication towers and antennas.

(B)

Definitions. As used in this section, the following terms shall have the meanings set forth below, which shall control over any other definitions contained in the City's Code of Ordinances.

(1)

Antenna means a transmitting and/or receiving device mounted on a tower, building or structure and used in telecommunications [personal wireless] services that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, directional antennas such as panel and microwave dish antennas, and omnidirectional antennas such as whips, but excluding radar antennas, amateur radio antennas and satellite earth stations.

(2)

Guyed tower means a telecommunications tower that is supported in whole or in part, by guy wires and ground anchors.

(3)

Lattice tower means a communication tower that is constructed to be self-supporting by lattice type supports and without the use of guy wires or other supports.

(4)

Microwave dish antenna means a dish-like antenna used to link communication [personal wireless service] sites together by wireless transmission of voice or data.

(5)

Monopole tower means a communication tower consisting of a single pole or spire self-supported on a permanent foundation, constructed without guy wires, ground anchors, or other supports.

(6)

Pre-existing towers and pre-existing antennas means any tower or antenna for which a building permit has been properly issued prior to the effective date of this section.

(7)

Stealth facility means any telecommunications facility which is designed to blend into the surrounding environment. For example, architecturally screened roof mounted antennae, building-mounted antennae painted to match the existing structure, antennae integrated into architectural elements, and communication towers designed to look like light poles, power poles, or trees.

(8)

Telecommunications facility means a facility that is used to provide one or more telecommunications services, including, without limitation, radio transmitting towers, other supporting structures, and associated facilities used to transmit telecommunications signals. An open video system is not a telecommunications facility to the extent that it provides only cable service.

(9)

Telecommunications services means the offering of telecommunication (or the transmission, between or among points, specified by the user of information of the user's choosing, without charge in the form or content of the information as sent and received), for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. Personal wireless communication services shall not be considered as essential services, public utilities or private utilities.

(10)

Telecommunications tower means any structure, and support thereto, designed and constructed primarily for the purpose of supporting one or more antennas intended for transmitting or receiving personal wireless services, telephone, radio and similar communication purposes, including lattice, monopole and guyed towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, among others.

(11)

Whip antenna means a cylindrical antenna that transmits signals 360 degrees.

(C)

Applicability. All new towers or antennas in the City shall be subject to these regulations. However, this section shall not govern any tower, or the installation of any antenna, that is for the use of a broadcasting facility owned and operated by a federally-licensed amateur radio station operator or is used exclusively for "receive only" antennas.

(D)

General requirements and standards. Every new telecommunications tower and antenna shall be subject to the following minimum standards.

(1)

Lease required. Any construction, installation, or placement of a telecommunications facility on any property owned, leased or otherwise controlled by the City shall require a lease agreement executed by the City and the owner of the facility. No lease granted in regard to this section shall convey any exclusive right, privilege, permit or franchise to occupy or use the public lands of the City for delivery of telecommunication services or any other purpose. In addition, no lease granted under this Section shall convey any right title or interest in the public lands other than a leasehold interest, but shall be deemed only to allow the use of the public lands for the limited purposes and term stated in the lease. No lease shall be construed as a conveyance of a title interest in the property.

(2)

Review of existing sites/application for use.

(a)

Each applicant shall review all existing towers, antennas, and approved sites in the City prior to filing an application for construction of any new tower or antenna. All requests for sites shall include specific information about the proposed location, height, and design of the proposed towers. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the City that there is no existing tower, structure or state of the art technology that does not require the use of new towers or new structures to accommodate the applicant's proposed antenna and that the new tower will be constructed in a manner that will permit, accommodate and encourage future co-location thereon by other telecommunication providers. Evidence submitted to demonstrate that no existing tower, structure or state of the art technology is suitable shall consist of any of the following:

(i)

An evaluation of the feasibility of sharing a tower, indicating that existing towers or structures located within the geographic search area, as determined by a radio frequency engineer, do not have the capacity to provide reasonable technical service consistent with the applicant's technical system, including but not limited to, applicable FCC requirements.

(ii)

Existing towers or structures are not of sufficient height to meet the applicant's requirements which are, in turn, in compliance with all applicable FCC rules and regulations.

(iii)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(iv)

That applicant's proposed antenna would cause electromagnetic/radio frequency interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(v)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(vi)

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(vii)

The applicant demonstrates that state of the art technology used in the wireless telecommunications business, and within the scope of applicant's FCC license, is unsuitable. Costs of state of the art technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(b)

The City may share such information with other applicants or other organizations seeking to locate antennas within the jurisdiction of the City provided, however, that the City is not, by sharing such information, in any way representing or warranting that such information is accurate or that such sites are available or suitable.

(3)

Engineering report.

(a)

All applicants for new towers and towers which are to be modified or reconstructed to accommodate additional antennas shall submit a written report certified by a professional engineer licensed to practice in the State of Florida. The report shall include:

(i)

Site development plan, drawn to scale, including without limitation, a legal description of the parent tract and leased parcel, if applicable, onsite and adjacent land uses, master plan classification of the site, and a visual impact analysis and photo digitalization of the tower and all attachments, including associated buildings and equipment containers at the property line, as well as at a distance of 250 feet and 500 feet from all properties adjacent to the proposed site.

(ii)

If applicable, a narrative of why the proposed tower cannot comply with the requirements as stated in this section.

(iii)

Type of tower and specifics of design.

(iv)

Current wind-loading capacity and a projection of wind-loading capacity using difference types of antennas as contemplated by the applicant No tower shall be permitted to exceed its wind-loading capacity.

(v)

A statement that the proposed tower, including reception and transmission functions, will not interfere with the visual and customary transmission or reception of radio, television or similar services as well as other wireless services enjoyed by adjacent residential and nonresidential properties.

(vi)

A statement of compliance with all applicable building codes, associated regulations and safety standards. For all towers attached to existing structures, the statement shall include certification that the structure can support the load superimposed from the tower. All towers shall have the capacity to permit multiple users and be designed and constructed in such a manner as to accommodate all anticipated advancements in technology that will allow the expanded multiple use thereof At a minimum, monopole towers shall be able to accommodate four users, and, at a minimum, self-support lattice or guyed towers shall be able to accommodate five users.

(vii)

Any additional information deemed by the City to be necessary to assess compliance with this section.

(4)

Co-Location. Pursuant to the intent of this section, co-location of telecommunication antennas by more than one provider on existing telecommunication towers shall take precedence over the construction of new telecommunications towers. Accordingly, in addition to submitting the information previously required herein, each application shall include a written report certified by a professional engineer licensed to practice in the State of Florida, stating:

(a)

The geographical service area requirements.

(b)

Mechanical or electrical incompatibility.

(c)

Any restrictions or limitations of the Federal Communications Commission that would preclude the shared use of the tower.

(d)

Any additional information required by the City.

If the City does not accept the full evaluation as provided as accurate, or if the City disagrees with any part of the evaluation required by this section, the application review process shall be halted until a review and evaluation meeting with the City Manager can be jointly conducted by and between the City administrative staff, its professional advisors and the applicant. This meeting shall be scheduled as soon as is reasonably possible once a review disagreement is determined to exist.

(5)

Co-Location; tenant rental fees. Pursuant to the intent of this section, the City shall provide the following incentives to service providers:

(a)

The review of all applications submitted by providers seeking to co-locate on a pre-existing tower or to rent space on a proposed new tower, shall be completed by the City on an expedited basis following the filing of a completed application as required by this section.

(b)

In order to be consistent with the City's intent to encourage co-location in every possible appropriate circumstance, tower owners regulated by this section shall not charge providers seeking to co-locate on the tower in excess of the fair market value for the space, as determined at the time of the request for co-location. Any attempt by a tower owner to discourage co-location by changing rates in violation of this provision shall be subject to appropriate sanctions as provided in the lease documents between the City and the tower owner.

(6)

Aesthetics. Towers and antennas shall meet the following requirements:

(a)

Towers shall, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(b)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings to minimize the visual impact.

(c)

All tower sites must provide all reasonable landscaping that the City may require in order to enhance compatibility with adjacent residential and nonresidential land uses. All landscaping shall be properly maintained to ensure good health and viability at the owner's expense. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound consisting of the telecommunications tower and antennas, network connection equipment and any structure or equipment cabinet from all adjacent properties. The minimum landscape buffer area shall consist of a landscaped strip at least four feet wide outside the perimeter of the tower compound. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. If trees are removed for the tower construction, the tower owner must replace all removed trees elsewhere on the site, relocate or plant like trees in other areas of the City to be designated by the City Building Department, or make an appropriate contribution to the City tree replacement trust fund. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be utilized to provide the required landscape buffer area.

(d)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(7)

Lighting. No signals, artificial lights, or illumination shall be permitted on any antenna or tower unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(8)

Setbacks. Towers must be set back a minimum distance of 110 percent of the height of the tower.

(9)

Separation. Each tower shall be separated from any other tower by a distance of no less than one mile as measured by a straight line between the bases of the towers.

(10)

Height. The maximum height for any tower shall be 150 feet.

(11)

Local, state or federal requirements. The construction, operation and repair of telecommunication facilities are subject to the supervision of the City, and shall be performed in compliance with all laws, ordinances and practices affecting such system. The construction, operation and repair shall be performed in a manner consistent with applicable industry standards, including the electronic industries association. all telecommunication towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC, including emissions standards, and any other agency of the local, state or federal government with the authority to regulate towers and antennas prior to issuance of a building permit by the City. If such applicable standards and regulations require retroactive application, then the owners of the towers and antennas government by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a difference compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(12)

Building codes, safely standards.

(a)

To insure the structural integrity of towers, the owner shall construct and maintain the tower in compliance with the South Florida Building Code, and all other applicable codes and standards, as may be amended from time to time. A statement shall be submitted by a professional engineer certifying compliance with this subsection. Where a preexisting structure, including light and power poles, is requested as a stealth facility, the facility, and all modifications thereof, shall comply with all requirements as provided in this section. Following the issuance of a building permit, the City shall require an analysis of a soil sample from the base of the tower site.

(b)

If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have no more than 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(13)

Warning signs. Notwithstanding any contrary provisions contained in the City's Code of Ordinance, the following shall be utilized in connection with any tower or antenna site, as applicable.

(a)

If high voltage is necessary for the operation of the communication tower or any accessory structures, "HIGH VOLTAGE-DANGER" warning signs shall be permanently attached to the fence or wall surrounding the structure and spaced no more than 40 feet apart.

(b)

"NO TRESPASSING" warning signs shall be permanently attached to the fence or wall surrounding the ground level equipment or structures and spaced no more than 40 feet apart.

(c)

The height of the lettering of the warning signs shall be at least 12 inches in height. The warning signs shall be installed at least five feet above the finished grade.

(d)

The warning signs may be attached to freestanding poles if the content of the signs may be obstructed by landscaping.

(14)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the City may waive such requirements.

(15)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and county jurisdictional boundaries.

(16)

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

(17)

Franchises/licenses. Owners and/or operators of towers or antennas shall certify that all franchises/licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file copies of all required franchises/licenses with the City.

(18)

Signs. No signs, including commercial advertising, logo, political signs, flyers, flags, or banners, whether or not posted temporarily, shall be allowed on any part of an antenna or tower.

(19)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements set forth in subsection (I) of this section.

(20)

Inspection; reports; fees.

(a)

Telecommunication tower owners shall submit a report to the City certifying structural and electrical integrity every two years. The report shall be accompanied by a nonrefundable fee of $200.00 to reimburse the City for the cost of review.

(b)

The City may conduct periodic inspections of telecommunication towers, at the owner's expense, to insure structural and electrical integrity and compliance with the provisions of this section. The owner of the telecommunication tower may be required by the City to have more frequent inspections should there be an emergency, extraordinary conditions or other reason to believe that the structural and electrical integrity of the tower is jeopardized. There shall be a maximum of one inspection per year unless emergency or extraordinary conditions warrant.

(21)

Reservation of authority. The City reserves the right to impose any additional restrictions, conditions, and limitations that are reasonable and appropriate in regard to the approval of any tower or antenna application that are consistent with existing and applicable rules, regulations, statutes and opinions of qualified telecommunication experts.

(E)

Application for usage. In addition to complying with all the conditions and requirements and supplying all the information and documentation required in subsection (D) of this section, each applicant for the construction on any wireless telecommunications tower or antenna shall file an application in a form, provided by the City Building Department, accompanied by a filing fee in the amount of $2,500.00, to pay for the City's costs incurred in reviewing the application, which shall include and require:

(1)

A full and complete review of the application and all other required information and documentation by all appropriate City departments under the coordination of the City Building Department.

(2)

An engineering review of the proposed plan, drawn to scale, of each proposed usage site which identifies proposed landscaping and includes elevation drawings of the antenna tower and any appurtenant facilities.

(3)

The applicant to provide evidence of the status of title for the proposed antenna tower site, in a form required by the City Attorney's office, to assure the City that all necessary owners, easement holders, tenants, and other interested parties have consented to the application.

(4)

The applicant to certify that the tower or antenna proposed will be kept in continual compliance with all present and future promulgated safety laws, rules and regulations concerning electromagnetic frequency emissions standards, or similar safety standards for other communication media transmissions, and shall acknowledge the City's ability to require immediate removal of any antenna which does not meet such safety rules and regulations. This enforceable certification shall be in form approved by the City Attorney's office and shall be binding on the applicant's successors in interest. The certification shall enable the City to recover its costs and attorney's fees if litigation is necessary to enforce the certification.

(5)

The applicant to further certify that any antenna(s) proposed for any tower or other location-site will not interfere with public safety communications, and further, will not unreasonably interfere with the reception or transmission of television, radio, microwave, telephone, digital, or similar communication signals or receipt of signals of nearby residential or business residents. The City may, as a condition for approval, require frequency relocation agreements as a condition of approval of the application.

(6)

The applicant to state in its application that it will, as a condition of issuance of the permit, accommodate antenna facilities of other providers, on a nondiscriminatory basis, to avoid duplication of the erection of such antennas throughout the City, or if not, the reasons, based upon verifiable objective data, why it cannot do so. Unreasonable refusal to permit co-use shall constitute a violation of the Code and may result in the City revoking any previously granted antenna tower approval and seeking a mandatory injunction to compel the antenna tower's removal in addition to other remedies for code violations.

(F)

Application review procedure. Following the administrative review of a pending application and all other information and documentation required by this section by all City departments, which is intended to be conducted within a reasonable period of time, the City Building Department shall request that the application be placed on the next regular agenda of the City Zoning and Planning Board for review and approval. After being reviewed by the Zoning and Planning Board, regardless of the board's decision on the pending application, the City Council shall then review the application and its supporting information and documentation, and the decision of the Zoning and Planning Board, at a public hearing to be noticed and advertised in the same manner as required for all public hearings of the City. The decision of the City Council at the scheduled public hearing shall constitute final City action on the pending application.

(G)

Siting preferences.

(1)

The City shall encourage the location of antenna tower sites on public property consistent with the intent of the congressional legislation on this subject. Accordingly, when evaluating an antenna tower application, the City shall consider whether there is suitable public property near the proposed site which would physically accommodate the antenna tower without unreasonably compromising the antenna tower's signal reception or transmitting capability or unreasonably compromising the communication system's capability and without significantly increasing any negative antenna tower secondary effects such as aesthetics or the likelihood of property damage in the event of antenna tower failure.

(2)

If an antenna tower cannot be located on public property without unreasonably compromising the antenna tower's signal reception or transmission capability, or unreasonably compromising the communication system's capability, the City will next consider sites in industrial zoned districts, sites in business or office zoned districts, or sites in community facility zoned districts which are not subject to government ownership or use.

(3)

If an antenna tower cannot be located on any of the secondary preference sites stated in subparagraph (2) above without unreasonably compromising the antenna tower's signal reception or transmission capability or unreasonably compromising the communication system's capability, the City will consider sites in the multifamily zoned districts of the City for the antenna tower site.

(4)

If an antenna tower cannot be located on any of the secondary preference sites stated in subparagraphs (2) or (3) above without unreasonably compromising the antenna tower's signal reception or transmission capability or unreasonably compromising the communication system's capability, the City will consider sites in the single-family zoned districts of the City for the antenna tower site.

(5)

The City shall also consider the following factors in regard to all siting preference evaluations:

(a)

Availability of suitable existing towers, other structures, or state of the ad technologies not requiring the use of towers or structures.

(b)

Height of the proposed tower.

(c)

The setback and separation distances between the proposed tower and the nearest residential units or residentially zoned properties.

(d)

Proximity of the tower to residential structures and residential district boundaries.

(e)

Nature of uses on adjacent and nearby properties.

(f)

Surrounding topography.

(g)

Surrounding tree coverage and foliage.

(h)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(i)

Proposed ingress and egress.

(6)

In addition, the City may require opinions from suitable engineers or other professionals or experts when evaluation siting preferences and may defer considering applications for up to 60 days to permit good faith negotiations to occur between an applicant and a property owner of a preferred site class. Moreover, it will be presumed that if a proposed site is within one mile of an existing antenna tower that can reasonably accommodate the applicant's antenna, a denial of the application would not result in an unreasonable compromise to the applicant's communication system capability or an unreasonable compromise to the antenna tower's reception or transmission capability.

(H)

Public property special conditions. The City reserves the right to modify or waive any of the requirements provided in this section for the siting of wireless telecommunication towers and antennas on publicly owned property. However, any determination to modify or waive any ordinance requirements must be approved by the City Council at the public hearing conducted to consider the application for the approval of the requested telecommunications facilities.

(I)

Buildings and support equipment standards.

(1)

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with these types of antennas shall comply with all of the following:

(a)

The cabinet or structure shall not contain more than 450 square feet of gross floor area or be more than 120 inches in height. In addition, for buildings and structures which are two stories in height or less, the related unmanned equipment structure, if over 100 square feet of gross floor area or three feet in height, shall be located on the ground and shall not be located on the roof of the structure unless the building or structure is completely screened.

(b)

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than five percent of the roof area.

(c)

Equipment buildings or cabinets shall comply with all applicable building codes, including minimum setback requirements provided herein.

(d)

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the tower are being made.

(e)

All buildings and equipment cabinets shall be unoccupied at all times.

(2)

Antennas not located on telecommunication towers, mounted on utility poles or light poles. The equipment cabinet or structure used in association with these types of antennas shall be located in accordance with the following:

(a)

In residential districts, the equipment cabinet or structure may be located in a side yard setback provided the cabinet or structure is no greater than three feet in height or 16 square feet of gross floor area and the cabinet/structure is located a minimum of five feet from all lot lines. The cabinet/structure shall be screened by a hedge with a planted height of at least 48 inches. Alternatively, in a rear yard setback, provided the cabinet or structure is no greater than five feet in height or 16 square feet in gross floor area, the cabinet/structure shall be screened by a hedge with a planted height of 72 inches.

(b)

In commercial or industrial districts the equipment cabinet or structure shall be no greater than five feet in height or 25 square feet in gross floor area. The structure or cabinet shall be screened by a hedge with a planted height of 72 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid masonry fence six feet in height or a hedge with a planted height of 72 inches.

(3)

Antennas located on towers. The related unmanned equipment structure shall not contain more than 1,500 square feet of gross floor area or be more than eight feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(J)

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 90-day period shall constitute grounds for the City to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(K)

Nonconforming uses.

(1)

Not Expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section, shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2)

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on preexisting towers shall comply with the requirements of this section.

(L)

Protection the City and residents.

(1)

Indemnification.

(a)

The City shall not enter into any lease agreement until and unless the City obtains an adequate indemnity therein. The indemnity must at least provide for the:

(i)

Release of the City from and against any and all liability and responsibility in or arising out of the construction, operation or repair of any communications facility. Each communications facility operator must further agree not to sue or seek any money or damages from the City in connection with the above mentioned matters.

(ii)

Indemnification and the holding harmless of the City, its trustees, elected and appointed officers, agents, servants and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorney's fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of each communications facility operator, or its agents, employees, or servants negligent acts, errors or omissions.

(iii)

Covenants and representations relating to all indemnifications provided herein shall survive the term of any agreement and continue in full force and effect as to the party's responsibility to indemnify.

(2)

Insurance.

(a)

The City may not enter into any lease agreement until and unless the City obtains appropriate assurance that such telecommunications facility operator (and those acting on its behalf) have adequate insurance. At a minimum, the following requirements must be satisfied:

(i)

A telecommunications facility operator shall not commence construction or operation of any facility without obtaining all the insurance coverages that may be required, and the approval of such insurance by the risk management department of the City. Nor shall a communications facility operator allow any contractor or subcontractor to commence work on its contract or subcontract until all required insurance has been obtained and approved by the City. The required insurance must be obtained and maintained for the entire period the communications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance, the City may order such entities to cease operations until the required insurance is obtained and approved.

(ii)

Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the City's risk management department. All the certificates shall be filed prior to the commencement of construction and once a year thereafter, and as provided below, in the event of a lapse in coverage.

(iii)

These certificates shall contain a provision that the coverages afforded under these policies will not be canceled until at least 30 days prior written notice has been received by the City. Policies shall be issued by companies authorized to do business under the laws of the State of Florida.

(iv)

In the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the period of the lease agreement with the City, then in that event, the communications facility operator shall furnish, at least 30 days prior to the expiration of the date of such insurance, a new or renewed certificate of insurance as proof that equal and like coverage for the balance of the period has been secured.

(3)

Comprehensive general liability. All communications facility operators and their contractors or subcontractors engaged in work on the operator's behalf, shall maintain appropriate insurance to cover liability for bodily injury and property damage, as shall be determined and required by the City. Coverages shall be provided for the premises, operations and all contractual obligations. Coverage shall be written on an occurrence basis and shall be included in all lease agreements between the City and all telecommunications facility operators.

(M)

Security fund. Every telecommunication service provider, whether on public or private property, shall establish a cash security fund, or provide the City with an irrevocable letter of credit in the same amount, to secure the payment of removing any antenna or tower that has been determined to be abandoned. The amount to be provided for each tower shall be $25,000.00; the amount for each antenna array shall be $5,000.00. In the alternative, in the City's sole discretion, an operator may, in lieu of a cash security fund or letter of credit, file and maintain with the City a bond with an acceptable surety in the amount of $25,000.00. The operator and the surety shall be jointly and severally liable under the terms of the bond. Notwithstanding the foregoing, the security required by this section may be waived if sufficient security is otherwise provided in the lease between the provider and the City.

(Ord. 850-98, passed 10-26-98)