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6. The tower shall not be artificially lighted and shall not display strobe lights unless such <br />lighting is required by the Federal Aviation Administration or another regulatory agency <br />with jurisdiction over communications towers. <br />7. The chain link security fence shall be installed and maintained in accordance with the <br />approved site plan to prevent unauthorized entry to the site. <br />8. The site shall be developed in accordance with structure setbacks established in <br />City Code for the Industrial District. <br />9. The use of any portion of the tower for signs, other than warning or equipment information <br />signs, is prohibited. <br />10. In the event the tower is not removed within 12 months of the cessation of operations at <br />the site, the tower and associated facilities may be removed by the City and the costs of <br />removal assessed against the property. <br />11. The Permit Holder assumes all responsibility for ensuring that the site operations do not <br />interfere with public safety telecommunications. <br />12. The Permit Holder shall supply the City with a letter of intent committing the tower owner <br />and his or her successors to allow the shared use of the tower if an additional user agrees <br />in writing to meet reasonable terms and conditions for shared use. <br />13. The Permit Holder shall be responsible for all City costs incurred in administering and <br />enforcing this conditional use permit. Said expenses shall be paid within 15 days of billing <br />by the City and failure to pay the City's expenses within the 15 day billing period will <br />permit the City to draw upon any of the escrows required by this agreement for payment. <br />14. The City Administrator and /or his/her designee shall have the right to inspect the premises <br />for compliance and safety purposes annually or at any time upon reasonable request. <br />The motion for the adoption of the foregoing resolution was duly seconded by Councilmember <br />Beahen and upon vote being taken thereon, the following voted in favor thereof: <br />Mayor Glen Hardin <br />Councilmember Kenneth Peterson <br />Councilmember Sheila Beyer <br />Councilmember Gerald Zimmerman <br />Councilmember Carolyn Beahen <br />and the following voted against: <br />None <br />RESOLUTION #14 -08 -142 <br />Page 5 of 9 <br />