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Attachment 4 <br />infrastructure; (ii) collocated small wireless facility and services shall not <br />interfere with public safety or public utility communications; (iii) city shall <br />have right to shut off power to small wireless facility to perform <br />maintenance work on city infrastructure, after providing reasonable advance <br />notice to the wireless service provider; (iv) city makes no guarantee as to the <br />condition of any wireless support structure with regard to applicant's use; <br />(v) small wireless facility shall not obstruct light emanating from street <br />lighting infrastructure used for collocation; and (vi) permittee shall be solely <br />responsible for to maintain the small wireless facility in good and safe <br />condition, and shall annually inspect mounting brackets to ensure they are <br />securely attached to city infrastructure and not causing damage or premature <br />depreciation of the asset. (Ord. 1549, 4-9-2018) <br />E. By accepting a permit, telecommunications right-of-way user agrees on behalf <br />of itself and its affiliates, successors and assigns that it will not provide video <br />programming (including, but not limited to, programming delivered using <br />internet protocol) over its facilities located within the rights -of -way to <br />subscribers within the City without first obtaining a cable franchise or an open <br />video system franchise from the City. (Ord. 1333, 03-13-2006) <br />707.11: PERNHT FEES: <br />A. Excavation Permit Fee: The excavation permit fee as established by the City Fee <br />Schedule in Section 314.05, is an amount sufficient to recover the following <br />costs: <br />1. The City cost; <br />2. Degradation cost, if applicable. <br />B. Obstruction Permit Fee: The obstruction permit fee shall be established by the <br />City Council and shall be in an amount sufficient to recover the City cost. <br />C. Payment of Permit Fees: No excavation permit or obstruction permit shall be <br />issued without payment of excavation or obstruction fees. The City may allow <br />the applicant to pay such fees within30 days of billing. <br />D. Nonrefundable: Permit fees that were paid for a permit that the Director has <br />revoked for a breach as stated in Section 707.21 of this Chapter are not <br />refundable. (Ord. 1209, 8-24-1998) <br />707.12: RIGHT-OF-WAY REPAIR AND RESTORATION: <br />A. Timing: The work to be done under the excavation permit, and the patching and <br />restoration of the right of way as required herein, must be completed within the <br />dates specified in the permit, increased by as many days as work could not be <br />done because of extraordinary circumstances beyond the control of the <br />permittee, as determined by the Director, or when work was prohibited as <br />unseasonal or unreasonable under Section 707.15 of this Chapter. <br />B. Patch and Restoration: Permittee shall patch its own work. The City may choose <br />either to have the permittee restore the right of way or to restore the right of way <br />itself. <br />1. City Restoration: If the City restores the right-of-way, permittee shall pay the <br />costs thereof within 30 days of billing. If, during the 36 months following such <br />restoration, the pavement settles due to permittee's improper backfilling, the <br />permittee shall pay to the City, within 30 days of billing, all costs associated <br />Page 31 of 82 <br />