Title
AN ORDINANCE GRANTING AT&T A CONCURRENT USE PERMIT TO INSTALL SMALL CELL WIRELESS FACILITY TO A MINNESOTA POWER POLE ON THE EAST SIDE OF THE NORTH 58TH AVENUE EAST RIGHT OF WAY.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions in Section 2 below, permission is granted to AT&T Mobility LLC, and its successor(s) in interests, referred to herein as the permittee, to use a portion of a public street to construct and maintain the following:
(a) One small wireless facility on a Minnesota Power pole in the right of way of North 58th Avenue East near the intersection with Tioga Street, as shown in Attachment 1.
Section 2. Before this ordinance shall be effective, the permittee shall file with the planning division a certification of insurance approved by the city attorney evidencing that the permittee has in force a policy of insurance meeting the following requirements:
(a) Comprehensive general liability insurance in an amount not less than $1,500,000 for bodily injuries and in an amount not less than $500,000 for property damage or $1,500,000 single limit coverage; and
(b) Insurance coverage shall include all permittee's activities occurring upon or within public right of way or easement occupied pursuant to this ordinance whether said activities are performed by the permittee or its agents or representatives; and
(c) The insurance policy shall contain a condition that it may not be canceled without 30 days written notice to the city of Duluth, directed to the attention of the director of planning and economic development; and
(d) The city of Duluth shall be named as an additional insured; and
(e) The certificate shall also reference this ordinance by its ordinance number.
Section 3. The city of Duluth may terminate the permit granted by this ordinance at any time by the city official exercising departmental...
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