34-18 Enact Chp 906 Use of Public Ways for Small Cell Wireless Facilities...

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906.10 ANNUAL REGISTRATION. Facilities Operators shall comply with the annual registration requirements set forth in Section 904.03. 906.11 NONCONFORMING FACILITIES. (a) Facilities in the Right -of -Way that are legally in existence on the date of the adoption of this chapter but that do not comply with the requirements of this chapter may remain in the Right -of -Way but shall be considered a nonconform- ing facility. (b) Any person or entity who owns or operates a Nonconforming Facility shall register such facility pursuant to Chapter 904 within 90 days of the date this ordinance takes effect. (c) If a nonconforming facility is damaged or destroyed beyond repair, any replacement facility must be designed in accordance with all provisions of this chapter, the Design Guidelines established and promulgated by the Director, and state and federal law and regulations. 906.12 ABANDONED AND DAMAGED FACILITIES (a) A Facilities Operator shall provide written notice to the City of its intent to discontinue use of any Facilities. The notice shall include the date the use will be discontinued. If Facilities are not removed within 365 days from the date the use was discontinued, the Facilities shall be considered a nuisance and the City may remove the Facilities at the expense of the Facilities Operator. (b) In the event that Facilities are damaged, the Facilities Operator shall promptly repair the damaged Facilities. Damaged Facilities shall be repaired no later than 30 days after obtaining written notice that the Facilities were dam- aged. If the damaged Facilities are not repaired within 30 days, then the dam- aged Facilities shall be considered a nuisance and the City may repair or remove the Facilities at the expense of the Facilities Operator. 906.13 INSURANCE REQUIREMENTS. Facilities Operators shall comply with the insurance requirements set forth in Section 904.02. 906.14 INDEMNIFICATION A Facilities Operator shall indemnify, protect, defend, and hold the City and its elected officials, officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to in- clude reasonable attorney fees and costs of defense, proceedings, actions, de- mands, causes of action, liability and suits of any kind and nature, including per- sonal or bodily injury or death, property damage or other harm for which recov- ery of damages is sought, to the extent that it is caused by the negligence of the Operator who owns or operates Small Cell Facilities and wireless service in the Right -of -Way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the Operator, or their respective officers, agents, employees, di- rectors, or representatives while installing, repairing, or maintaining Facilities in the Right -of -Way. 906.15 FINANCIAL SURETY. (a) Each Facilities Operator must procure and provide to the City a bond, es- crow, deposit, letter of credit, or other financial surety to ensure compliance with this chapter and Chapter 4939. The financial surety must be in an amount sufficient to cover the cost of removal of all Facilities owned or operated by the Facilities Operator.