Mobile Government

CITY COUNCIL MEETINGS: Minutes and Agendas


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The City Council meets every Tuesday


9:00 a.m. - Pre Council Meeting in the Council Conference Room on the 9th Floor of the South Tower in Government Plaza.

10:30 a.m. - The Council Meeting begins in Government Plaza Auditorium on the First Floor.


Council minutes for Jul 25, 2017

MUNICIPAL BUILDING, MOBILE, ALABAMA, JULY 25, 2017

The Council of the City of Mobile, Alabama, met in the City Council’s Conference Room on the ninth floor of the Mobile Government Plaza on Tuesday, July 25, 2017, at 9:00 a.m.

Present:
Chairman: Gregory
Councilmembers: Richardson, Manzie, Small, Williams, Daves and Rich
Absent: None

The meeting was called to order. The Council reviewed and discussed the agenda for their meeting to be held today at 10:30 a.m.

The Presiding Officer adjourned the meeting.

Approved: August 1, 2017

_______________________________
PRESIDENT OF THE COUNCIL

_______________________________
ASSISTANT CITY CLERK

MUNCIPAL BUILDING, MOBILE, ALABAMA, JULY 25, 2017

The City Council of the City of Mobile, Alabama, met in the Auditorium of the Mobile Government Plaza on Tuesday, July 25, 2017, at 10:30 a.m., in regular meeting.

The meeting was called to order by City Clerk Lisa Lambert.

Pastor Ronald O. McCants, First United Methodist Church, offered an invocation.

The Presiding Officer led the Pledge of Allegiance.

Present on Roll Call:

Chairman: Gregory
Councilmembers: Richardson, Manzie , Small, Williams, Daves and Rich
Absent: None

STATEMENT OF RULES BY COUNCIL PRESIDENT:

The Presiding Officer stated that all cell phones must be turned off and that there will be no hats, hoods, sunglasses or large bags permitted in the meeting room.

1) Any person desiring to address the Council must register upon entering the meeting area. When addressing the Council, the speaker must state his/her name and address.

2) Each speaker is allowed five minutes to address the Council. A bell will sound to indicate the end of 4 minutes. One minute is allowed for summarizing. The second bell indicates the time has expired.

3) To maintain decorum, there will be no undue applause and/or public outcry allowed.

4) When addressing the Council, there is to be no personal address to any individual Councilmember. All statements are to be made to the Chair who will recognize any Councilmember who wishes to respond.

5) Any person desiring to speak to the Council on a non-agenda item must contact the City Clerk's Office no later than 2:00 p.m. on the Thursday prior to the Council Meeting. The subject he/she wishes to address must be identified. Any person attending the meeting who has not given proper notice to the Clerk's Office and wishes to speak on a non-agenda item will not be allowed to address the Council.

6) Those persons desiring to speak on agenda items must indicate the resolution, ordinance, appeal, or public hearing item on arrival when signing in for the meeting.

APPROVAL OF MINUTES:

The minutes of the meeting of July 18, 2017 were approved as submitted.

COMMUNICATIONS FROM THE MAYOR:

Mayor Stimpson expressed he enjoyed attending the inaugural class of the Bloomberg Harvard City Leadership.

Mayor Stimpson reported a new home will be built at the site of a former drug house in the Campground community. The project is possible with funds from the federal HOME Program.

Mayor Stimpson thanked the Council for passing Resolutions 01-224 and 21-225 that will allow stream line recycling throughout Mobile.

Mayor Stimpson stated the City of Mobile’s first litter patrol crews have collected 52,635 gallons of litter successfully removing waste off City streets and out of waterways.

Mayor Stimpson introduced students visiting from Mobile’s sister city; Ichihara, Japan.

ADOPTION OF THE AGENDA:

Councilmember Small moved to adopt the agenda, which motion was seconded by Councilmember Rich and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk whereupon the Presiding Officer declared the agenda adopted.

APPEALS:

The Council considered the request of Theretha Walley for a waiver of the Noise Ordinance at 3720 Holly Ridge Circle on August 15, 2017, from 5:00 p.m. until 10:00 p.m. (District 4).

Councilmember Gregory moved that the waivers be granted which motion was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the waiver granted.

PUBLIC HEARINGS:

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 762 BALTIMORE STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 762 Baltimore Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 401 CHIN STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 401 Chin Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 859 CHIN STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 859 Chin Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Belinda Burke, 859 Chin Street, addressed the Council regarding the property. Councilmember Gregory referred Ms. Burke to David Daughenbaugh of Municipal Enforcement.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 960 KENTUCKY STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 3).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 960 Kentucky Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 208 RYLANDS STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 208 Rylands Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Langston Stallworth, 208 Rylands Street, asked the Council for time to rehabilitate the structure. Councilmember Gregory referred Mr. Stallworth to David Daughenbaugh of Municipal Enforcement.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 216 NORTH LAFAYETTE STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 216 North Lafayette Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

Yolanda Porter, 216 North Lafayette Street, stated she has had issues securing the structure. Councilmember Gregory referred Ms. Porter to David Daughenbaugh of Municipal Enforcement.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO DETERMINE IF THE STRUCTURE AT 1074 STATE STREET IS A PUBLIC NUISANCE AND ORDER IT REPAIRED OR DEMOLISHED (DISTRICT 2).

The Presiding Officer announced that today was the day for the public hearing to determine if the structure at 1074 State Street is a public nuisance and order it repaired or demolished and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PUBLIC HEARING TO ASSENT TO THE VACATION OF AN ALLEY RUNNING BETWEEN MOBILE STREET ON THE WEST AND HYLAND AVENUE ON THE EAST (DISTRICT 1).

The Presiding Officer announced that today was the day for the public hearing to assent to the vacation of an alley running between Mobile Street on the west and Hyland Avenue on the east and asked if there was anyone present to speak for or against this matter.

No one appeared.

The Presiding Officer declared the hearing concluded and that the necessary resolution authorizing the proper action would be introduced later in the meeting.

PRESENTATION OF PETITIONS AND OTHER COMMUNICATIONS TO THE COUNCIL:

AGENDA ITEMS:

None.

NON-AGENDA ITEMS:

Jim Flora and Brian Johnson, 5301 Moffett Road, Suite 110, spoke to the Council about the 27th anniversary of the Americans with Disabilities Act.

Tony McCarron, 3019 Calais Street, reported Mobile Fire Rescue Department accomplishments to the Council and thanked the Mayor and Council for recent salary adjustments.

Harold Jordan, 2351 Wagner Street, requested funding from the City for the Toulminville Titans football team.

Prichard City Councilman Lorenzo Martin, 4448 Myers Road, Prichard, Alabama, requested the City establish a cemetery rehabilitation authority to maintain Oaklawn Cemetery.

RESOLUTIONS HELD OVER:

AUTHORIZE AGREEMENT WITH SUMMER PLACE SUBDIVISION HOMEOWNERS ASSOCIATION FOR THE COMPLETION OF CITY PROJECT NO. 2016-202-20-2016, GROUP C. The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-430-2017

Sponsored by: Councilmember Gregory

AGREEMENT BETWEEN CITY OF MOBILE AND SUMMER PLACE SUBDIVISION HOMEOWNERS ASSOCIATION

This Agreement is made and entered into by and between the City of Mobile, a municipal corporation in the State of Alabama ("City"), and the Summer Place Subdivision Homeowners Association ("HOA"), a non-profit corporation organized and existing under the laws of the State of Alabama for the benefit of the owners of property in existing and any future units of Summer Place Subdivision (the "Private Owners"); and,

WHEREAS, HOA owns a detention pond and/or storm water detention system erected on Parcel R0220802042000008.011, 1945 Summer Place Drive (the "Detention Pond"), to capture rain water runoff, see: deed from The Mitchell Company to the Summer Place Subdivision Homeowners Association, records of the Probate Court of Mobile County, Alabama, Real Property Book 2721, Page 278 (Exhibit A); Articles of Incorporation of Summer Place Homeowners Association, records of the Probate Court of Mobile County, Alabama, Real Property Book 2684, Page 628 (Exhibit B); and Amendment to Declaration of Restrictions and Covenants for Summer Place Unit One, records of the Probate Court of Mobile County, Alabama, Real Property Book 2684, Page 635 (Exhibit C); and,

WHEREAS, HOA has failed to maintain the Detention Pond, and said Pond has now deteriorated to the extent that, in its current condition, it is dangerous, offensive and unwholesome to the neighborhood, and threatens to damage or injure adjacent properties including but not limited to the residential property located at 1947 Summer Place Drive; and,

WHEREAS, the City in the interest of promoting public health, safety, morals and general welfare, is authorized to prevent injury or annoyances from conditions that are dangerous, offensive, or unwholesome and to cause all nuisances to be abated and to assess the cost of abating the same against the person creating or maintaining the same, Alabama Code Sec. 11-47-117; and,

WHEREAS, the City desires to abate the nuisance created by the Detention Pond by cleaning and stabilizing the detention area (the "Project"); and,

WHEREAS, the HOA acknowledges that it owns the detention facility, that it is responsible for the maintenance of the detention facility, that it has failed to maintain the detention facility and that the condition of the facility is now beyond the capacity of the HOA to correct, and, further, that failure to correct said condition creates a dangerous, offensive, and unwholesome condition that threatens to injure adjacent properties; and,

WHEREAS, the HOA desires to have the City remedy the nuisance condition and the HOA agrees thereafter to undertake its responsibility to properly maintain its detention facility;

NOW, THEREFORE, FOR AND IN CONDITION OF THE PREMISES WHICH ARE DEEMED A MATERIAL PART OF THIS AGREEMENT and by reference are incorporated herein, the mutual agreements, covenants, provisions and terms of this Agreement as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby expressly acknowledged by City and the HOA, agree and covenant with and unto each other as follows:

1. The City of Mobile will complete the Project, known as City Project Number 2016-202-20, 2016 Group C, drainage improvements and repairs, Site Number 4 Summer Place ("City Project"), by and through a contract with John G. Walton Construction Co., authorized by City Council Resolution Number 21-528, adopted August 30, 2016. The estimated cost of the project is approximately $50,000, and is provided for in the budget for the City's 2016 Capital Improvement Plan, District 7.

2. HOA, desires to grant City, and City's authorized agents, contractors, and employees, a temporary right of access to, across, along, over, under and through the Detention Pond and additional access, as needed to perform the City Project, and grants the City such access by and through the Common Area Maintenance Agreement attached hereto and incorporated herein.

3. Upon completion of the City Project, the City will record a lien in the records of the Probate Court of Mobile County against 1945 Summer Place Drive for the actual cost of the Project, including engineering and testing fees, if any.

4. To the fullest extent permitted by law, the HOA covenants to defend, indemnify, hold harmless, protect, and exonerate both the City and its agents, employees, and representatives, from and against any and all liability, claims, damages, losses, suits, actions, demands, arbitrations, administrative proceedings, awards, judgments, expenses, costs, and attorneys' fees pertaining to personal injury, bodily injury, death, damage to or destruction of property (including any loss of use), economic loss or damage, safety requirements, performance or nonperformance of obligations, certifications, property rights of third parties, sickness or disease which (i) are caused in whole or in part by the HOA (herein defined to include but not to be limited to the HOA's members, employees, agents, representatives, subcontractors, suppliers, and invitees or other third parties connected with the HOA as well as the agents or employees of any of them), (ii) arise out of or are related to work undertaken or to be performed by or on behalf of the HOA, or (iii) arise out of or are related to any other act or omission relating to the HOA, the City Project, any and all work performed under this Agreement, or otherwise undertaken by the City.

5. The HOA will execute the Common Area Maintenance Agreement attached hereto and labeled Exhibit D and, following the completion of the City Project, will be solely responsible for the upkeep and maintenance of its detention facility at 1945 Summer Place Drive.

6. This Agreement, and the attached Common Area Maintenance Agreement will be recorded in the records of the Probate Court of Mobile County, Alabama, and their provisions and terms are covenants running with the land.

7. Anything in this Agreement to the contrary notwithstanding, it is expressly agreed, intended and understood that (a) the City, its elected officials, employees and agents have no duty, liability, obligation and/or responsibility to maintain or repair the Detention Pond or any other Common Area within Summer Place Subdivision; (b) in no event shall this Agreement, be construed to impose, or be construed as an assumption of any such duty, liability, obligation and/or responsibility on the City and/or on any elected official, employee or agent; (c) the maintenance and repair of the Detention Pond within the Subdivision are at all times the direct and sole duty, liability, obligation and responsibility of the HOA; and (d) the City, it elected officials, employees and agents, shall not be liable to any Private Owner and/or any other person or entity for: (i) the manner in which any of them exercise, or for the failure or refusal of any of them to exercise any authority or right granted to them herein, whether discretionary or not; (ii) the failure or refusal of the HOA to comply with any of the agreements, covenants, provisions and terms hereof; and/or (iii) the failure or refusal of City to enforce any one or more of the agreements, covenants, provisions and terms hereof against the HOA, its members, and their respective heirs, personal representatives, successors and/or assigns.

8. This Agreement, and the undertakings set forth herein, is binding on the successors, agents, heirs and assigns of the parties, but is not intended to confer any right or benefit on any person or entity not a party to this Agreement, and any such persons or entities shall not be deemed third-party beneficiaries to this Agreement.

9. This Agreement is made in, and thus shall be construed, controlled, enforced, governed and interpreted in accordance with its plain meaning in accordance with the laws of the State of Alabama, without regard to principles of conflicts of laws. For any action concerning this Agreement, jurisdiction shall be in the appropriate state or federal courts sitting in Alabama and venue shall be in the state or federal courts in Mobile County, Alabama.

10. This Agreement constitutes the entire agreement of the parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and agreements that have been made in connection with the subject matter hereof. No modification or amendment to this Agreement shall be binding upon the parties unless the same is in writing and signed by each of the respective parties hereto.

11. In the event any term or provision of this Agreement, whether material or not, should be declared illegal, null and void, unconstitutional or unenforceable, in whole or in part, the term or provision so declared shall be deemed severed from the remaining provisions of this Agreement, which shall remain in full force and effect.

The resolution was read by the City Clerk; whereupon Councilmember Gregory moved that the resolution be held over for two (2) weeks until the regular meeting of Tuesday, August 8, 2017, which was seconded by Councilmember Rich, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution held over.

AUTHORIZE MASTER SERVICES AGREEMENT WITH SAIN ASSOCIATES, INC. FOR ENGINEERING SERVICES, NTE $50,000.00. The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 01-425-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Master Services Agreement with Sain Associates, Inc., for engineering services. A copy of said Contract is on file in the office of the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Richardson, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

REALLOCATE $52,400.00 FROM GENERAL LEDGER ACCOUNT #10043000.42200 PLANNING & DEVELOPMENT PROFESSIONAL AND TECHNICAL TO CAPITAL PROJECT #C0084 FACILITIES ASSESSMENTS IN THE CAPITAL IMPROVEMENT FUND (2000). The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 09-426-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MOBILE, ALABAMA, that the sum of $52,400.00 be re-allocated from General Fund 1000.10043000.42200 E & D Professional and Technical to Capital Project #C0084 Facilities Assessment in the Capital Improvement Fund (Fund 2000).

The resolution was read by the City Clerk; whereupon Councilmember Daves moved that the resolution be adopted, which was seconded by Councilmember Small, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH SAWGRASS CONSULTING, LLC FOR 2016 PAYGO-COUNTY COMMISSION DISTRICTS 1 & 3 PROJECT NO. 2017-3005-02, $118,955.00 (CO118). The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-427-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE, ALABAMA, that the Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a contract, by and between the City of Mobile and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as set forth in full, subject to the company signing the contract and furnishing the required bonds and insurance. A copy of said executed contract will be on file in the office of the City Clerk.

Name of company: Sawgrass Consulting, LLC

Project name: 2016 PAYGO - County Commission Districts 1 & 3

Project no.: 2017-3005-02

Estimated cost: $118,955.00

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Williams, following comments from Councilmember Richardson the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE CONTRACT WITH CBRE, INC. FOR FACILITIES CONDITION ASSESSMENT AND DEVELOPMENT CONSULTING SERVICES, ADD $52,400.00 (PL-220-16; CO084). The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 21-428-2017

Sponsored by: Councilmember Manzie and Mayor Stimpson

BE IT RESOLVED BY THE CITY COUNCIL OF MOBILE. ALABAMA, that the, Mayor and the City Clerk be, and they hereby are, authorized and directed to execute and attest, respectively, for and on behalf of the City of Mobile, a Contract, by and between the City of Mobile, and the company listed below, for work as outlined in the contract attached hereto and made a part hereof as though set forth in full. A copy of said contract is on file in the office of the City Clerk.

Name of company: CBRE, INC.

Project name: AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT FOR FACILITIES CONDITION ASSESSMENT AND DEVELOPMENT CONSULTING SERVICES (PROVIDING PARKING CONSULTING SERVICES FOR "DOWNTOWN MOBILE PARKING UPDATE AND ANALYSIS”

Project number: PL-220-16

Amount: ADDITIONAL $52,400.00 TO EXISTING CONTRACT

The resolution was read by the City Clerk; whereupon Councilmember Richardson moved that the resolution be adopted, which was seconded by Councilmember Manzie, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

AUTHORIZE PRELIMINARY ENGINEERING AGREEMENT ST-049-999-013 PROJECT REFERENCE NUMBER 100066564, CITY OF MOBILE 2016 TIGER GRANT, ONE MOBILE-COMPLETE STREETS INITIATIVE $3,540,000.00 STATE; $3,320,000.00 CITY MATCH. The following resolution which was introduced and read at the regular meeting of Tuesday, July 18, 2017 and held over until the regular meeting of July 25, 2017 was called up by the Presiding Officer.

RESOLUTION: 31-429-2017

Sponsored by: Mayor Stimpson

BE IT RESOLVED, by the City Council of the City of Mobile, Alabama, as follows;

1. That the City enters into an Agreement with the State of Alabama, acting by and through the Alabama Department of Transportation for;

Preliminary Engineering for Project ST-049-999-013, Project Reference Number 100066564 and Construction, Project Reference Number 100066565 for the One Mobile - Complete Streets Initiative on Broad Street in the City of Mobile which Agreement is before this Council.

2. That the Agreement be executed In the name of the City, by its Mayor, for and on its behalf.

3. That the Agreement be attested by the City Clerk and the seal of the City affixed thereto.

BE IT FURTHER RESOLVED, that upon the completion of the execution of the Agreement by all parties, that a copy of such Agreement be kept on file by the City Clerk.

The resolution was read by the City Clerk; whereupon Councilmember Manzie moved that the resolution be adopted, which was seconded by Councilmember Daves, and the vote was as follows:

Ayes: Richardson, Manzie, Small, Williams, Daves, Rich and Gregory
Nays: None

The vote was then announced by the City Clerk, whereupon the Presiding Officer declared the resolution adopted.

ORDINANCES BEING INTRODUCED:

AMEND ARTICLE VIII, SECTION 57 OF THE CITY CODE TO ADD NEW PROVISIONS FOR PERMITTING WIRELESS FACILITIES AND SUPPORT STRUCTURES IN THE RIGHT-OF-WAY. The following ordinance was held over for one (1) week until the regular meeting of Tuesday, August 1, 2017.

ORDINANCE: 57-026-2017

Sponsored by: Mayor Stimpson

AN ORDINANCE TO AMEND SECTION 57 ARTICLE VIII OF THE CITY CODE TO ADD NEW PROVISIONS FOR PERMITTING WIRELESS FACILIIES AND SUPPORT STRUCTURES IN THE RIGHT-OF-WAY

WHEREAS, the City of Mobile ("City") regulates and controls the use of public rights-of-way within its jurisdiction; and,

WHEREAS, the City anticipates requests to permit the location of wireless facilities and support structures in City rights-of-way; and,

WHEREAS, the City desires to amend its right-of-way ordinance at Chapters 57 Article VIII, to provide procedures to issue permits for wireless facilities and support structures in the rights-of-way and to establish associated fees;

NOW, THEREFORE, CHAPTER 57 ARTICLE VIII, APPENDIX A AND B ARE HEREBY AMENDED AS FOLLOWS:

Section 1. Sections 57-231 through and including 57-235 are repealed and replaced in their entirety as follows:

Sec. 57-231. - Declaration of findings and purpose; scope.

(a) Title. This body of regulations shall be known as the "Mobile rights-of-way construction and administration ordinance."

(b) Findings and purpose.

(1) In order to provide for the health, safety and well-being of its citizens, as well as to ensure the structural integrity of its streets, the City strives to keep its streets, sidewalks, and other rights-of-way in a state of good repair and free from unnecessary encumbrances.

(2) The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the rights-of-way.

(3) The City possesses the authority to manage and control its rights-of-way and to enact reasonable regulations in furtherance thereof.

(4) The primary purpose of the City's streets, sidewalks, and other rights-of-way is to safely accommodate the traveling public and pedestrian traffic.

(5) The proliferation of entitles that have been licensed by the states and the potential for additional entities having the need to occupy the City's streets, sidewalks, and other rights-of-way necessitates the modernization of the City's regulations used to control the placement, construction and maintenance of facilities owned by existing and potential rights-of-way users.

(6) In response to the foregoing facts, the City hereby amends Chapter 57 of the Mobile City Code relating to rights-of-way construction and administration. This article imposes reasonable regulations on the placement and maintenance of facilities currently within its rights-of-way or to be placed therein at some future time.

(7) The regulations embodied herein have been made as broad as possible to serve as standards of quality and to maintain the necessary uniformity in the utilization of the public traffic corridors.

(8) The permit fees imposed by section 57-234 of this article are adopted pursuant to the City's police power. The purpose of the permit fees is to enable the City to recover its costs of administration and enforcement and not for the purpose of raising revenue.

(c) Easements not impaired. Nothing in this article is intended to impair the legal obligation of any contract, franchise, or easement previously granted by the City.

(d) Not in lieu of franchise. Compliance with the permitting requirements of this article shall not excuse any person from complying with all other requirements of law, including holding a valid franchise of the City.

(e) Area of jurisdiction. This article shall apply to all land within the corporate limits of the City as such corporate limits exist or may exist in the future.

Sec. 57-232, - Definitions

The following definitions apply in this chapter. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms whether or not capitalized.

AASHTO: American Association of State Highway and Transportation Officials

Applicant means any person requesting permission to obstruct or construct in a right-of-way.

Application means the process by which an applicant submits a request for permission to obstruct or construct in the right-of-way.

Block shall mean that part of the public right-of-way that includes the area from the property line to the parallel property line in width and extending from the centerline of an intersecting street to the centerline of the next intersecting street in length or five hundred (500) feet, whichever is less.

City means the City of Mobile, Alabama.

City cost means the direct and indirect costs borne by the City for the administration of this article.

City Engineer means the City Engineer of the City, or his or her designee.

Construct means to excavate, repair, rehabilitate, maintain, and install sanitary sewers, water mains, fire hydrants, valves, meters, manholes, service lines and connections, gas mains, telephone and electrical conduit and their miscellaneous service lines and connections, telecommunications facilities, cables, wires, lines, wave guides, antennas, and other equipment or facilities, pedestals, and service cabinets, poles, guy wires, storm drains, manholes, inlets, catch basins, irrigation systems, driveways, sidewalks, pavement extensions, curbs, walks, steps, building canopies, balconies, overhead walkways, and temporary detour pedestrian walkways on, above, or under any part of the right-of-way provided however, that "construct" shall not mean installation, repair, rehabilitation or maintenance of facilities that do not Involve excavation of any portion of the right-of-way.

Construction bond means a bond posted to ensure proper and complete construction and/or repair of a permitted facility pursuant to a permit as determined by the City Engineer.

Construction standards for miscellaneous construction, utility excavation, and right-of-way and pavement restoration (construction standards) means the compilation of provisions and requirements that provide the technical specifications and details for the construction of facilities in the right-of-way (see appendix B to this article).

Department means the City Engineering department.

Department Inspector means any person authorized by the City Engineer to carry out inspections related to the provisions of this article.

Emergency means a condition that poses a clear and immediate danger to life or health, or of a significant loss of property or utility service. "Emergency" also includes requests for service which the applicant deems urgent and can be classified as small project types A and B.

Excavation shall mean any work in the surface or subsurface of the public right-of-way including but not limited to opening the right-of-way, installing, servicing, repairing or modifying any facilities in or under the surface or subsurface, and restoring the surface and subsurface of the public right-of-way.

Facilities means any tangible thing located in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street edge of pavement.

Geotechnical Engineer shall mean a Professional Engineer experienced in soils engineering and materials testing.

Geotechnical engineering company shall mean a professional engineering company that provides soils engineering and testing services, laboratory and field testing services, construction material testing, and possesses a certificate of authorization from the state board of registration for professional engineers and land surveyors.

In, when used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way.

Landscape or landscaping means trees, shrubs and other plantings of materials that are or may grow to a height of eighteen (18) inches or more, and irrigation systems (in unpaved areas) in the right-of-way.

Major project shall mean construction of water, sewer, gas, telephone, communications, fiber optic, electric power conduit, cable and duct, TV cable, jacking, boring, pushing and tunneling, retrofitting existing facilities, storm drain and any other miscellaneous major facility construction projects that involve more than one continuous block or five hundred (500) linear feet of right-of-way.

Minor project shall mean construction of miscellaneous utility and communications service lines, manhole installation not associated with major project construction, main line point repairs and installation, miscellaneous utility and communications service line repair, storm drain and inlet repairs, vaults, irrigation systems and other miscellaneous construction and repair projects that Involve less than one block or five hundred (500) linear feet of right-of-way.

Municipal Environmental Court means a part of the City's Municipal Court system designed to enforce laws and ordinances relating to the physical appearance of the City and the health and safety of the public.

Municipal Offense Ticket (M.O.T.) means a citation issued for a violation of this article. An M.O.T. may require payment of a fine as defined by the municipal offense ticket system (M.O.T) fine schedule, as may be amended from time to time, appearance in environmental court, and if determined by a judge of said court, jail or community service.

MUTCD: Manual on Uniform Traffic Control Devices, for Streets and Highways, as published by the US Department of Transportation Federal Highway Administration.

Notice of violation written warning issued by the department for a violation or possible violation of this article.

Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage over, under, or through that or any part of the right-of-way.

Permit fee means money charged by the City to cover the costs as provided in Section 57-234.

Permittee means any person to whom a permit to construct or obstruct a right-of-way has been granted by the City.

Person means any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have facilities located in any right-of-way.

Restoration means the process by which a constructed or obstructed right-of-way is restored as specified in the construction standards.

Right-of-way means the surface and space above and below any real property in which the City has an interest in law or equity, whether held in fee, or other estate or interest Including easements, or as a trustee for the public, Including, but not limited to any public street, boulevard, road, highway, freeway, lane, alley, court, sidewalk, parkway, river, tunnel, viaduct, bridge, park, or any other place, area, or real property owned by or under the control of the City.

Right-of-way Permit means the permit which must be obtained before a person may construct in, or obstruct In a right-of-way as required by section 57-234.

Service or utility service means services provided by utilities.

Sidewalk shall mean the paved pedestrian walkway between the edge of the road and the street right-of-way line.

Small Project shall mean the installation, repair and routine maintenance of miscellaneous utility service drop lines, overhead wires and cables, meters with no new service lines, valves and other miscellaneous construction, repair, routine maintenance and inspection, that requires minimal excavation or right-of-way disruption, located outside of paved areas.

Supplementary Application means an application made to construct or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued.

Transmission Equipment means equipment that facilitates transmission of any FCC-licensed or authorized Wireless Communications Services. Transmission Equipment includes an antenna and its associated equipment, which includes any and all on-site equipment, such as back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices.

Trenchless Technology means the use of directional boring, horizontal drilling and micro tunneling and other techniques in the construction of underground portions of facilities which result in the least amount of disruption and damage to right-of-way as possible.

Underground Facilities means all lines, cables, conduits, posts, tanks and any other facilities owned or operated by persons other than the City which are located wholly or partially underneath right-of-way.

Utilities means any water, sewer, gas, drainage, sprinkler or culvert pipe and any electric power, telecommunication, signal, communications, or cable television conduit, fiber, wire, cable, or operator thereof.

Wireless Communications Services means without limitation, commercial mobile radio services, personal wireless services, all FCC-licensed or authorized back-haul and other fixed wireless services, broadcast, private, and public safety communication services, and unlicensed wireless services.

Wireless Facilities is transmission equipment used to provide wireless communications services.

Sec. 57-233. - Right-of-way administration.

(a) Administration. The City Engineer shall be the principal City official responsible for the administration of the right-of-way, right-of-way permits, and the ordinances related thereto. The City Engineer shall adopt and may amend from time to time, construction standards and other rules reasonably required to carry out the purposes of this code. Any requirement not specifically covered by this code or the construction standards shall be determined by the City Engineer. The City Engineer may delegate any or all of the duties hereunder.

(b) Appeal procedure. The Executive Director responsible for managing the engineering department may grant a special exception to the requirements of this article if a permittee demonstrates with written evidence that:

(1) The exception will not create any threat to the public health, safety or welfare.

(2) The permittee demonstrates that the increased economic burden and the potential adverse impact on the permittee's construction schedule resulting from the strict enforcement of the requirement actually or effectively prohibits the ability of the permittee to provide utility services in the city.

(3) The permittee demonstrates that the requirement unreasonably discriminates against the permittee in favor of another person.

Should any person be aggrieved by the decision of the Executive Director responsible for managing the Engineering Department, such person may appeal by filing written notice with the department within fifteen (15) days from the date of such decision. The department shall send a copy of the appeal and all relevant documentation, within fifteen (15) days, to the City Clerk's office to be considered by the City Council at a public hearing.

Sec. 57-234. - Right-of-way permits.

(a) Permit requirement

(1) Except as otherwise provided in this Code, no person may construct or obstruct any right-of-way without first having obtained one of the following right-of-way permits from the department:

a. Major project;

b. Minor project;

c. Small projects: or

d. Landscape.

(2) Right-of-way Permit. A right-of-way permit is a permit which allows the holder to construct, obstruct, or landscape in that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.

A permit is valid only for the dates and the area(s) of right-of-way specified in the permit. No person may construct in or obstruct the right-of-way beyond the date or dates specified in the permit unless such person:

a. Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and

b. A new permit or permit extension is granted.

However, if no work is initiated within six (6) months of obtaining a permit, the permit is rendered invalid.

(3) Emergencies. When the work must commence immediately because of an emergency the permittee shall comply with the provisions in subsection 57-236(b){1).

(4) Exemptions. No permits shall be required for the following activities:

a. Installation of and repair of facilities by or for city of mobile departments; and

b. Installation of landscaping materials which are or may grow to a height of not more than eighteen (18) inches.

(5) Permit authorizing routine work. Applicants may be allowed, if determined by the department, to obtain in advance, an annual, quarterly, or semi-annual permit for minor projects outside roadway limits and some small projects that Involve minimal excavation. Permit fees shall be calculated as an estimate of similar work conducted over the past twelve (12) months.

(b) Permit applications. Application for a permit is made to the City Engineer.

(1) All permit applications shall contain, and will be considered complete only upon compliance with the requirements of the construction standards, as appropriate.

Tree and landscaping requirements of this article shall be administered and enforced by the appropriate city department in cooperation with the City Engineer.

(c) Issuance of permit; conditions.

(1) If the City Engineer determines that the applicant has satisfied the requirements of this article, the City Engineer shall issue a permit or issue notification and reason for denial.

(2) The City Engineer may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder in order to protect the public health, safety and welfare, to insure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public, including notification to property owners.

(d) Permit fees.

(1) Permit Fee. Permit fees shall be established by the City Council upon recommendation of the City Engineer. Said fees shall be in an amount sufficient to recover the following costs:

a. The City cost, including administration, inspection, and enforcement; and

b. The cost for obstructing the right-of-way, including lost parking meter revenue, costs associated with traffic management that result from street obstruction, lost tax revenues resulting from streets blocked and as an encouragement to minimize costs and to encourage timely, efficient use of the right-of-way.

The current schedule of permit fees is set forth in appendix A to this article.

(2) Payment of permit fees. No permit shall be issued without payment of such fees unless the City Engineer authorizes payment to be made thirty (30) days following billing. All changes in fees shall be approved by the City Council.

(3) Nonrefundable Fees. All permit fees are nonrefundable.

(4) Joint applications. Applicants are encouraged to make joint application for permits to construct or obstruct the right-of-way at the same place and time.

(5) a. The City Engineer shall provide advance notification to utility companies of scheduled resurfacing of streets and roads, so that utility companies will have an opportunity to coordinate planned utility improvements and work with the city's resurfacing schedules.

This advance notification shall be provided not less than sixty (60) days prior to the commencement of resurfacing.

b. When an applicant desires to conduct permitted activity within any roadway that has been constructed, reconstructed, resurfaced, or overlaid within the three (3) years immediately preceding the issuance of a right-of-way permit, then the applicant shall pay, in addition to all other permit fees, an additional fee as follows;

1. The additional fee for work within any such roadway within the first year after resurfacing or construction shall be $2600.00.

2. The additional fee for work within any such roadway in the second year after resurfacing or construction shall be $1000.00.

3. The additional fee for work within any such roadway in the third year after resurfacing or construction shall be $500.00.

c. The additional fees set in this paragraph shall be in addition to, and not in lieu of, any other fees or licenses required.

(e) Wireless Facilities Arid Support Structures. The installation of wireless facilities and support structures in city rights-of-way shall require a major project or minor project permit under this article. An applicant for such a permit shall submit the following information pertaining to particular sites or a proposed deployment:

1. A technical description of the proposed facilities, along with detailed diagrams and photo simulations accurately depicting all proposed facilities and support structures;

2. A detailed deployment plan describing construction planned for the 12-month period following the issuance of the permit, and a description of the completed deployment;

3. An engineering certification from an engineer licensed in Alabama for the proposed construction;

4. A statement relating to collocation;

5. A statement demonstrating the applicant's duty to comply with applicable safety standards for the proposed activities;

6. in the case of a proposed attachment to a City-owned facility located in the city rights-of-way, an executed attachment agreement with the City;

7. in the case of a proposed attachment to an investor-owned utility pole in the City rights-of-way, an executed attachment agreement with the utility pole owner; and

8. Such other information as the City may require.

Sec. 57-235. - Construction; restoration.

(a) Compliance with construction standards. All construction or maintenance of facilities shall be in accordance with this Code, the construction standards and such other conditions imposed on the permit by the city engineer under section 57-234(c).

(b) Location of facilities. The City Engineer shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests or permittees to occupy and use the right-of-way. In making such decisions, the City Engineer shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.

(c) Least disruptive technology. Applicants are encouraged to perform construction and maintenance of facilities in a manner resulting in the least amount of damage and disruption of the right-of-way.

Applicants will be required to use trenchless technology for major and minor construction projects, within roadway limits, in arterial and other high volume streets and in streets constructed or resurfaced within the last three (3) years, unless otherwise approved by the city engineer and such approval shall not be unreasonably withheld. The City Engineer may require trenchless technology in other .locations, where extreme circumstances prevent or make open cut methods impractical.

Applicants may use either the open cut method or trenchless technology for major and minor projects outside roadway limits.

(d) Right-of-way restoration.

(1) The work to be done under the permit, and the restoration of the right-of-way as required herein, must be completed within the dates specified in the permit. All temporary patching of pavement must be permanently fixed in compliance with the City Engineering department construction standards within the dates specified in the permit. In addition to its own work, the permittee must restore the general area of the work, including all disturbed landscaping materials and the permitted areas, including paving and its foundation, per the City Engineering department construction standards.

(2) The permittee shall perform the work according to the standards and with the materials specified by the City Engineer including but not limited to the construction standards.

(3) Guarantee of work outside roadway limits. The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in compliance with the rights-of-way construction and administration ordinance and the City's construction standards, and warrants and guarantees all work done for a period of twenty-four (24) months after the date of completion. During this twenty-four (24) month period, the permittee shall, upon notification from the department, make ail necessary repairs and correct all restoration work to the extent necessary using the method required by the department. Said work shall be completed within the time specified by the City Engineer.

(4) Guarantee of work within roadway limits. The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in compliance with the rights-of-way construction and administration ordinance and the City's construction standards, and warrants and guarantees ail work done from date of completion until the date that the city resurfaces the roadway. During this period of time, the permittee shall, upon notification from the department, make all necessary repairs and correct all restoration work to the extent necessary using the method required by the department. Said work shall be completed within the time specified by the City Engineer.

(6) Security. Each permittee, before being issued a permit, shall provide the City, at the permittee's expense, security for the warranty guarantee in the form of cash, an irrevocable letter of credit, or a performance bond. The security shall be in an amount equal to one hundred (100) percent of the City's estimate of the cost of restoration. The cost of restoration shall include, without limitation, the removal of defective material, recompaction of subgrade and base material, and construction or repair of surface improvements.

a. The City may waive the security requirements for any owner of a single-family residence desiring to repair their driveway or sidewalk, provided the owner performs the work personally, and upon satisfactory evidence to the city that the owner is competent to perform the work.

b. Any performance bond provided as security shall be executed by the permittee as principal and by at least one (1) surety upon whom service of process may be had in this state, and shall be deposited with the City Engineering department's rights-of-way division. The bond shall be in an amount equal to one hundred (100) percent of the city's estimate of the cost of restoration, as defined above, but in no case shall the amount be less than one thousand dollars ($1,000.00).

c. The security shall remain in effect throughout the entire time that the permittee's warranty guarantee is in effect for any work covered by the rights of way construction and administration ordinance.

d. Exceptions to security requirement in lieu of the security requirement described in this section, persons holding a franchise with the city, or any governmental entity, may provide the City with an annual letter signed by an appropriate authorized official guaranteeing;

1. Complete performance of all work covered by the rights of way construction and administration ordinance; and,

2. Correction and repair of any defect in the work, for the applicable period of time that the permittee's warranty guarantee is in effect.

If the city determines that any permittee has failed to promptly and adequately perform under the conditions of this subsection, then the permittee shall be required to post security meeting the requirements of this section for all future work covered by the rights of way construction and administration ordinance.

(e) Installation requirements. The excavation, backfilling, restoration, and all other work performed in the right-of-way shall be done in conformance with specifications set forth in the construction standards.

(f) Inspection. Except for routine work, when the work under any permit for major and minor projects hereunder is completed, the permittee shall notify the City Engineer.

(1) Permittee shall make the work site available to the City Engineer or his authorized representative and to all others as authorized by law for inspection at all reasonable times during the execution and upon completion of the work.

(2) At the time of inspection, the City Engineer or his authorized representative may order the immediate cessation of any work which poses a serious threat to the life, health, safety or wellbeing of the public.

(3) The City Engineer or his authorized representative may issue a notice of violation to the permittee for any work which does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for issuance of a Municipal Offense Ticket and/or stop work order. Within the time frame Indicated on the notice after issuance of the order, the applicant shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City Engineer may issue a stop work order and/or issue municipal offense tickets.

(g) Other obligations. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other city, county, state, or federal rules, laws or regulations.

(1) A permittee shall comply with all requirements of local, state and federal laws, including a franchise duly adopted by the City Council. Contact shall be made to the one call excavation notice system, Alabama Statutes at 1-800-292-8525, or such other number which may be applicable.

(2) A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who performs the work.

(3) Except in the case of an emergency, and with the approval of the City Engineer, no right-of-way obstruction or excavation may be performed when seasonally prohibited or when conditions are unreasonable for such work.

(4) A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with.

(5) Private vehicles not owned by or under contract to permittee may not be parked within or adjacent to a permit area.

(h) All persons owning and operating any underground utilities, pipes, conduits, or underground mains and services within the city, shall adjust all manhole castings so that they are level to the finished surface of paving, and shall keep and maintain ail manhole castings level to the finished surface of paving at all times.

Section 2. A new section 57-236 is adopted as follows:

Sec. 57-236. - Wireless facilities findings and requirements.

(a) Wireless facilities and support structures proposed to be located on city streets, sidewalks, or other rights-of-way shall be permitted as a major project or minor project and meet the following requirements:

(1) Absent a special finding by the City, wireless facilities may only be installed on existing utility poles or light poles, and only entitles granted a certificate of convenience and necessity by the Alabama Public Service Commission pursuant to Alabama code 37-4-28 may erect new poles in the City's right-of-way.

(2) Any new pole installed in city rights-of-way to support wireless facilities shall:

a. Comply with all structural and safety standards adopted by the City. Including, but not limited to: AASHTO, MUTCD, International Building Code and International Electrical Code, as adopted by the City, and City Code Chapter 17, Storm Water Management and Flood Control Ordinance;

b. Not obstruct pedestrian or vehicular traffic flow or sight lines;

c. Not exceed 35 feet in height in any residentially zoned area, and 45 feet in height in any non-residentially zoned area;

d. Shall be designed to accommodate the collocation of at least three different wireless providers’ antennas and related equipment;

e. If metal, be treated or painted with non-reflective paint, and in a way to conform to or blend with the surroundings; and

f. Comply with such other requirements and conditions as the City may conclude are appropriate to impose.

(b) Any wireless facilities installed on a pole or any other structure in the rights-of-way shall:

(1) Have equipment box or boxes no greater in collective size than 17 cubic feet in volume with no one side/dimension exceeding 4.25 feet;

(2) Have panel antennas no greater than 2 feet in height, and omni/dome antennas no more than 4 feet In height, and no wider than the diameter of the pole;

(3) Have no more than 3 panel antennas per pole, and no more than one omni/dome antenna per pole;

(4) Have microwave dishes no greater than 2 feet in diameter, with no more than 3 microwave dishes per pole;

(5) Be treated or painted with non-reflective paint, and in a way to conform to or blend with the pole or the surroundings; and

(6) Comply with such other requirements and conditions as the City may conclude are appropriate to impose.

(c) Wireless facilities and support structures proposed to be located on city streets, sidewalks or other rights-of-way may be permitted upon a finding by the City that:

(1) The application complies with all standards set forth in Section 64-4, including camouflage, at 64-4.18;

(2) The location selected in the application is not in an area where there is an overconcentration of poles or other facilities in, on or over the streets, sidewalks or other rights-of-way; and

(3) Wireless facilities and support structures in historic districts will be consistent with the design standards for historic districts, see City Code, Chapter 44, Article IV.

Section 3. Section 57-236 is renumbered Section 57-237.

Section 4. Section 57-237 is renumbered Section 57-238.

Section 5. Section 57-238 is renumbered Section 57-239.

Section 6. Section 57-239 is renumbered Section 57-240.

Section 7. Section 240 adopted by City Council Resolution 57-240, approved March 16, 2017, is renumbered Section 57-241.

Section 8. Appendix A is repealed and replaced in its entirety as follows:

APPENDIX A SCHEDULE OF FEES

RIGHTS-OF-WAY AND EXCAVATION PERMIT FEES






Note: Applicants may be allowed, if determined by the department to obtain, in advance, an annual, quarterly, or semi-annual permit for minor projects outside roadway limits and some small projects that involve minimal excavation. Permit fees shall be calculated as an estimate of similar work conducted over the past twelve (12) months.

No fee/permit will be required for replacing existing poles of similar size or routine Inspection.

Please note: all fees are nonrefundable

OBSTRUCTION FEES

The following conditions shall apply in determining obstruction fees:

1. The obstruction of parking lanes with meters will be charged at the rate of eight dollars ($8.00) per calendar day for each twenty (20) feet of length.

2. The obstruction of commercial pedestrian walkways will be charged at the rate of five dollars ($5.00) per calendar day for each twenty (20) feet of length.

3. Fees will not be charged for obstruction of less than eight (8) hours.

(a) Excavation of roadway surface that has been constructed, reconstructed, resurfaced, or overlaid within the three (3) years immediately preceding the issuance of a right-of-way permit, in addition to all other permit fees, an additional fee as follows:

(1) $2,500.00 for work within any such roadway within the first year after resurfacing or construction.

(2) $1,000.00 for work within any such roadway in the second year after resurfacing or construction.

(3) $500.00 for work within any such roadway in the third year after resurfacing or construction.

Section 9. APPENDIX B is repealed and replaced in its entirety as follows:

APPENDIX B CONSTRUCTION STANDARDS FOR MISCELLANEOUS CONSTRUCTION, UTILITY EXCAVATION, AND RIGHT-OF-WAY AND PAVEMENT RESTORATION

Section 1. Construction plan submittal requirements within public rights-of-way and easements.

1.1. Major projects.

A) Major projects within roadway limits:

1) Construction plan submittal. Applicants for right-of-way permits shall submit three (3) sets of construction plans and specifications, including the following information, for review and approval:

a) The location of all visib


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