2018-29 Adding City Code Chapter 41.2 Small Wireless Facilities

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applicable termination provisions contained therein. Agreements entered into after June 1, 2018, shall comply with this Ordinance. A wireless provider that has an existing agreement with the City on the effective date of the Act may accept the rates, fees and terms that the City makes available under this Ordinance for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted two or more years after the effective date of the Act by notifying the City that it opts to accept such rates, fees and terms. The existing agreement remains in effect,subject to applicable termination provisions, for small wireless facilities the wireless provider has collocated on the City's utility poles pursuant to applications submitted to the City before the wireless provider provides such notice and exercises its option under this paragraph. 8. ANNUAL RECURRING RATE. A wireless provider shall pay to the City an annual recurring rate to collocate a small wireless facility on a City utility pole located in a right- of-way that equals(a) $200 per year or(b)the actual,direct and reasonable costs related to the wireless provider's use of space on the City utility pole. If the City has not billed the wireless provider actual and direct costs,the rate shall be$200 payable on the first day after the first anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter. 9. ABANDONMENT. A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days after receipt of written notice from the City notifying the wireless provider of the abandonment. The notice shall be sent by certified or registered mail,return receipt requested,by the City to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within 90 days of such notice, the City may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for municipal utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal or cost recovery. A wireless provider shall provide written notice to the City if it sells or transfers small wireless facilities within the jurisdiction of the City. Such notice shall include the name and contact information of the new wireless provider. 10. DISPUTE RESOLUTION. The Circuit Court of Macon County shall have exclusive jurisdiction to resolve all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on municipal utility poles within the right-of-way, the City shall allow the 13