2018 024 Ordinance - Laserfiche WebLink

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ORDINANCE NO. 2018-24 PAG E 12 (f) Each applicant for Consent to Occupy or Use the Right-of-Way shall provide the Village a construction performance and construction completion bond in an, amount equal to ten percent (10%) of the applicable construction cost. Such amount shall not exceed two hundred thousand dollars ($200,000:00). (g) General Indemnification. Each application for consent to Occupy or Use the Public Right-of-Way shall include, to the extent permitted by law, the Service Provider's express undertaking to defend, indemnify and fiold.the Village and its elected and appointed officers, officials, employees, agents; representatives and subcontractors . harmless from and against any and all damages; losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting.from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions,. failures to act or misconduct of the Service Provider or its Affiliates; officers, employees, agents, contractors or subcontractors in the. design, Construction, Reconstruction, installation, operation, maintenance, repair or removal of its Small Cell Facility and Wireless Support Structure, and in providing or offering Services over the Small Cell Facility and Wireless Support Structure, whether such acts or omissions are authorized, allowed or prohibited by tlais Chapter. . 709.03.. GENERAL PUBLIC RIGHT-OF-WAY USE REGULATIONS. (a) Public Right-of-Way Route. Consent granted to a Service Provider to Occupy or Use the Public Right-of-Way under Section 709.02 shall be.limited to a grant to Occupy or Use the specific Public Right-of-Way and defined portions thereof, including the specific SmaII Cell Facility and 1111ireless Support Structure and location along the Public Right=of-Way, as approved by the Village. (b) Nonexclusive Consent to. Occupy the Public Right-of-Wav. No consent granted under Section 709.02 shall confer any exclusive right, privilege, license or franchise to Occupy or Use the Public Right-of-Way of the Village, other than as specifically provided in said consent. _ (c) Rights Permitted: No consent granted under Section 709.02 shall convey any right, title or interest in the Public Right-of-Way, but shall be deemed a consent only to Occupy or Use the Public Right-of-Way for the limited purposes granted by the consent. Further, no consent shall be construed as any warrarity of title. (d) Maximum Permitted Height. - (1) Existing Wireless Support Structures. For an existing Wireless Support Structure, the Antenna and any associated shroud or concealment material are permitted to be Collocated at the top of the existing Wireless Support Structure and shall not increase the height of the existing Wireless Support Structure by more than five (5) feet. (2) New Wireless Support Structures. ;(A) For a new Wireless Support Structure; the overall height of - the Wireless Support Structure and any Collocated Antenna