Sec. 122.453. - Authorization to enter into lease.

The Chief of Real Estate is authorized to execute a lease with applicants for the installation of communication towers and communication antennas on City property if: (a) The application receives a favorable written response from the District Council Member and the City department that has jurisdiction over the property or the District Council Member or the City department that has jurisdiction over the property do not object to the application or request additional information in writing by either electronic communication or U.S. mail within 30 days of the Chief of Real Estate's request. The Chief of Real Estate shall request input from the District Council Member and the City department that has jurisdiction over the property once the Applicant has informed the Communication Tower Lease Coordinator that the Applicant wishes to execute a lease. Even if the City department that has jurisdiction over the property provides a favorable written response or does not object, such response does not waive its ability to object to the lease fee, pursuant to Section 122.454 . (b) With respect to City property that is under the jurisdiction of the Recreation and Parks Department, the Director of the Recreation and Parks Department determines that the City park is an appropriate location and that the proposed communication tower is consistent with the Recreation and Parks Department Communication Tower Siting Guidelines. The Director of the Recreation and Parks Department shall utilize the Communication Tower Siting Guidelines for determining which City parks are appropriate for a lease and the criteria for the placement of communication towers in those City parks deemed appropriate. The Communication Tower Siting Guidelines for determining which City parks are appropriate shall address, at a minimum, such issues as the size and the type of City park. Even though a City park may be appropriate for a communication tower, the Director must determine that the communication tower design and location is appropriate considering the historical, architectural, aesthetic or environmentally sensitive nature of the park and surrounding area. (c) With respect to City property that is under the jurisdiction of the Department of Public Works, the Director of Public Works determines whether the property is suitable for the proposed communication tower or antenna, considering the current and future proposed use of the property. (d) With respect to City property which is surplus property, under the jurisdiction of the Public Works Real Estate Division, the Chief of Real Estate shall determine whether the property is suitable for the proposed communication tower. (e) With respect to applications for a lease for communication tower sites, the applicant provides evidence satisfactory to the Chief of Real Estate that the applicant has examined existing structures in the vicinity of the proposed communication tower site, as well as proposed communication towers for which a building permit has been issued, if any, and that such existing structures are either unsuitable for the applicant's use or unavailable to the applicant at reasonable cost. (f) With respect to applications for communication tower sites, the applicant provides its written consent to (i) construct the proposed communication tower so as to accommodate antennas for at least two additional communication service providers, and one antenna for the City and one antenna for JEA, if requested by the City and JEA. The Communication Tower Lease Coordinator shall inform the appropriate City official and JEA of the intent of the applicant to enter into a lease of City property for the construction of a communication tower. The City and JEA shall have 30 days from the date in which the applicant informs the Communication Tower Lease Coordinator that the applicant wishes to execute a lease in which to request space on the communication tower for an antenna. (1) At the discretion of the Director of Finance and Administration, after review of the financial condition of the applicant, the applicant may be required to post a bond, the form and substance of which shall be approved by the Office of General Counsel, in an amount which is adequate to ensure prompt payment of loss, damage, cost and expense which may be incurred by the City or an adjoining property owner in connection with the installation, maintenance or removal of the communication tower and/or antenna or the failure of the applicant to comply with the conditions of the lease. (2) The Chief of Real Estate, at his or her discretion, may execute one master lease covering multiple sites. The Chief of Real Estate is authorized to execute a Master Tower Lease Agreement, as approved by the enabling ordinance. The Chief of Real Estate may add more stringent terms and conditions to any lease for the protection of the City's interest, including conditions relating to additional setbacks, increased landscaping, time limits for completion of installation, additional safety measures to be adopted during installation, limitation on hours of nonemergency maintenance, etc. Any expenditures relating to conditions imposed by the Chief of Real Estate that require the applicant to construct, install or otherwise provide capital improvements for utilization by the City, such as recreational lighting, shall not be set off against lease fees imposed by this Subpart. If the terms and conditions imposed pursuant to this Section are not acceptable to the applicant, the application shall be considered denied. (Ord. 2005-1283-E, § 7; Ord. 2005-1374-E, § 1; Ord. 2011-732-E; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.