4.1. ERMUSR 04-14-2009Elk River Municipal Utilities Policy Statement
Use of Utility Owned Property for Communication Equipment Installation
1. Introduction
The Elk River Municipal Utilities ("Utilities") has received requests from communication providers and
others to place communication antennas on Utility owned property. Elk River Municipal Utilities has
established a uniform policy for reviewing these requests as follows:
2. Priority of Users
Priority for the use of Utility owned property for communication antennas will be given to the following
entities in descending order:
1. Elk River Municipal Utilities;
2. Public safety agencies, including law enforcement, fire, and ambulance services, and private
entities with a public safety agreement with the Utilities;
3.Other governmental agencies, for uses which are not related to public safety; and,
4. Entities providing licensed commercial communication services including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to the general public.
3. Minimum Requirements
The placement of communication antennas on Utility owned property must comply with the following
requirements:
1. The antennas will not interfere with the purpose for which the Utility owned property is intended.
2. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement
which includes equitable compensation for the use of public land and other necessary
provisions and safeguards. The fees shall be established by the Utilities after considering
comparable rates in other cities, potential expenses, risks to Elk River Municipal Utilities, and
other appropriate factors.
3. The applicant will within 60 days submit a letter of credit, performance bond, or other security
acceptable to the Utilities to cover the costs of the antenna's removal.
4. The antennas will not interfere with other users who have a higher priority as discussed in
Section 2, interference issues must be resolved within 72 hours of detection.
5. Upon reasonable notice, the antennas may be required to be removed at the user's expense.
6. The applicant must reimburse the Utilities for any costs which it incurs because of the presence
of the applicant's antennas or tower.
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The primary function of the water tower sites is for water storage and these tanks require
maintenance and up-keep. The Utilities will give a 30 day notice to applicants and applicant
may need to have temporary alternative measures for antenna sight if Utilities has maintenance
to perform on the tower site.
8. Applicant must follow all OSHA standards.
9. No advertising of any sort on site.
10. Annual inspection permit costs will be paid for by the applicant, documents must be provided by
the Utilities and inspection completed by a certified structural engineer.
4. Special Requirements
The use of certain Utility owned property, such as water tower sites, for communication antennas brings
with it special concerns due to the unique nature of these sites. The Utility's water towers represent a
large public investment in water pressure stabilization and peak capacity reserves. Protection of the
quality of the Utility's water supply is of prime importance to the Utilities. As access to the Utility's water
storage systems increases, so too increases the potential for contamination of the public water supply.
For these reasons, the placement of communication equipment on water towers will be allowed only
when the Utilities is fully satisfied that the following requirements are met:
1.The applicant's access to the facility will not increase the risks of contamination to the Utility's
water supply.
2.There is sufficient room on the structure and/or on the grounds to accommodate the applicant's
facility.
3.The presence of the facility will not increase the water tower maintenance costs to the Utilities;
4.The presence of the facility will not be harmful to the health of workers maintaining the water
tower.
S.Any new structural building on the utility property must be an underground structure (vault). The
access hatch may protrude above the ground, but may be no more than 12 inches above ground
and no larger than 4' x 6'. Installation and maintenance and cost will be managed by the applicant
and be approved by both a structural engineer and Utilities.
6.The applicant must pay for any electrical costs including usage and service installation.
7.Any communication antenna on Utility owned property must adhere to and not increase the FAA
established standards for that site.
8.Any maintenance or work done on the site will be done to Utility standards.
5. Application Process
All applicants who wish to locate a communication antenna on Utility owned property must submit to the
Utility Manager a completed application and detailed plan that complies with the submittal requirements of
the Zoning Ordinance along with other pertinent information requested by the Utility. Granted applications
will have a contract set in place between the two parties that has a set end date. At the end of the
contract, the applicant must go through a renewal process and put in place a new contract with the
Utilities.
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6. Fees
Fees for governmental agencies or private entities providing a public safety service shall be determined
by the Utilities on a case-by-case basis. All other entities requesting antenna space shall be subject to a
minimum monthly fee of $500 and subject to additional fees determined by the Utilities on a cases-by-
case basis depending on factors including but not limited to the type of equipment to be installed and
spatial allocations required. All users shall be responsible for electrical use and service installation
charges associated with any installed equipment and equipment maintenance.
7. Termination
The Utilities may terminate any lease if it determines that any one of the following conditions exist:
1. A potential user with a higher priority cannot find another adequate location and the potential use
would be incompatible with the existing use.
2. A user's frequency broadcast unreasonably interferes with other users of a higher priority,
regardless of whether or not this interference was adequately predicted in the technical analysis.
A user violates any of the standards in this policy or the conditions attached to the Utility's
permission.
Before taking action, the Utilities will provide notice to the user of the intended termination and the
reasons for it, and provide 60 days for the lessee to have an opportunity to address the Utilities regarding
the proposed action. This procedure need not be followed in emergency situations.
8. Reservation of Right
Notwithstanding the above, Elk River Municipal Utilities reserves the right to deny, for any reason, the use
of any or all Utility owned property by any one or all applicants.
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