§ 835-90. Security, access easements, removal of facilities.

The approval by the city of a building permit for a telecommunication tower shall be conditioned upon receipt by the city manager of the following:

(A)

Either a surety bond or standby letter of credit, acceptable to the city attorney as to form and financial condition of the issuer, securing the obligations of the applicant to remove the communication tower, accessory buildings and equipment, as required by subsection 835-40(U). The bond or letter of credit shall be payable to the city and shall provide to the city funds equal to the lesser of twenty-five thousand dollars ($25,000.00) or one hundred fifty (150) percent of the estimated cost of dismantling and disposing of the facilities, as evidenced by a certificate of a professional engineer licensed in the State of Florida, or other evidence reasonably satisfactory to the city manager. Each such bond or letter of credit shall be maintained in force [for] the term of any lease with the city, or for a minimum of fifteen (15) years and thereafter for additional periods designated by the city manager if the tower remains in place at the end of the original fifteen-year term. The security shall be payable to the city if the applicant is in default of its obligation to dismantle the tower and funds shall be used to pay the cost of dismantling and disposing of the facilities.

(B)

An easement granted by the fee owner of the land under the tower, and between the tower and the nearest pubic right-of-way, in favor of the city, to provide access to the tower site.

(C)

Written permission from all record owners, beneficial owners, and leaseholders of the tower in a form acceptable to the city attorney to enter upon the site and to remove and dispose of the tower.

(Ord. No. 2010-20, § 2(Exh. A), 9-14-10)