1379-19 Right-of-Way Cell Towers

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(2) No Exemption from Permits. Nothing in this Part shall exempt any Communications Services Provider from obtaining Right-of-Way Use Permits for work done within the Public Rights-of-Way. (3) Subject to Police Powers. The rights of the Communications Services Provider shall be subject to all lawful exercise of police power by the City, and to such other reasonable regulation of the Public Rights-of-Way as the City shall hereafter by resolution or ordinance provide in the interest of the health, safety and general welfare of the public. Any inconsistency or ambiguity between the provisions of this Part and any lawful exercise of the City's police power shall be resolved in favor of the latter. (4) City Inspection. The City shall have the right to make such inspections of a Communications System or Facilities placed or maintained in the Public Rights-of-Way as it finds necessary to ensure compliance with this Part. This Part shall not be construed to create or hold the City responsible or liable for any damage to persons or property by reason of any inspection by the City of the placement or maintenance of a Communications System or Facility as authorized herein or failure by the City to so inspect. (5) Access to Manholes. The City, in the proper exercise of its municipal powers and duties with respect to the Public Rights-of-way, shall have access at any time to all hand holes and manholes in the City belonging to a Communications Services Provider. Before accessing any manhole, the City will make a reasonable good faith effort to provide the Communications Services Provider prior notice to afford an opportunity to have trained personnel present,unless the City determines an emergency situation exists. (6) Compatibility, Capacity and Interference Issues. To properly manage and control the use of the Public Rights-of-Way, and to protect the health, safety and general welfare of the public, the City, in its legislative and regulatory role, shall be the final authority on permitting a Communications System or Facility to be placed in the Public Rights-of-Way and shall exercise such authority in a non-discriminatory manner. It shall be in the sole discretion of the City whether an easement is compatible with or allows for its use by a Communications System or Facility. It shall be in the sole discretion of the City, based on the nature,design, size, configuration or proposed location of any Communications System or Facility, whether there is sufficient capacity in a particular section of the Public Rights- of-Way or whether such System or Facility will interfere with the Facilities or equipment of any municipality, county, public utility, cable operator, or other Communications Service Provider. (7) No Warranty of Fitness or Suitability. The City makes no express or implied warranties or representations regarding the fitness, suitability, or availability of the Public Rights-of- Way for any Communications System or Facility or its right to authorize the placement or maintenance of any Communications System or Facility in the Public Rights-of-Way. Any performance of work, costs incurred, or services rendered by a Communications Services Provider shall be at such Provider's sole risk. Nothing in this Part shall affect the City's authority to acquire or add Public Rights-of-Way, or to vacate or abandon Public Rights- of-Way as provided for in the City Code or applicable law. The City makes no express or implied warranties or representations regarding the availability of any acquired, added, vacated or abandoned Public Rights-of-Way for a Communications System or Facility. (8) Annexations. Upon the annexation of any territory to the City of Zephyrhills,the provisions of this Part and the rules,regulations and general conditions contained herein shall extend to the territories so annexed; and all Facilities placed, maintained, owned or operated by any Communications Services Provider extending into or already located in the Public Rights-of-Way of the territory so annexed, shall thereafter be subject to all terms hereof, as the same may be amended from time to time. 7.12.07. -Duty to Notify City of Resellers; Conditional Use of Public Rights-of-Way. Within 30 days of any Registered Communications Services Provider using its Facilities to carry the Communication Services of any Reseller, such Communications Services Provider shall notify the City of the name and address of such Reseller. A Reseller's lease, interconnection or other use of Facilities belonging to a Communications Services Provider duly Registered in Page 16of31