§ 172-63. Leasing county-owned buildings and structures for location of telecommunications antennas.

(a)

The purpose of this section is to establish general requirements for the leasing of space on buildings and structures owned by Fulton County for the siting of telecommunications antennas. The board of commissioners finds that leasing space on county-owned buildings and structures for installation of telecommunications antennas may:

(1)

Encourage the location of antennas in such a way as to minimize the total number of telecommunications towers throughout the community;

(2)

Encourage users of antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; and

(3)

Enhance the ability of the providers of telecommunication services to provide such services to the community quickly, effectively and efficiently.

(b)

Subject to approval by the board of commissioners, a lease agreement entered into with a telecommunications provider for installation of a telecommunications antenna on a county-owned building or structure shall generally make provision for the following:

(1)

The telecommunications provider shall pay a customary rent which shall be recommended by Fulton County staff for all but the most unusual county-owned buildings or structures.

(2)

The telecommunications provider shall be guaranteed appropriate access to the antenna for the life of the lease agreement, but the provider shall agree in advance to necessary changes in access (at no cost to Fulton County) which may be later reasonably required by Fulton County.

(3)

The lease agreement shall provide for removal of the antenna and accessory structures by the telecommunications provider at the close of the lease or in the case of abandonment of the antenna.

(4)

The lease agreement shall not prevent the sale of the building or structure by Fulton County, provided that any such sale shall be subject to the lease agreement.

(5)

The lease agreement shall provide that Fulton County may reasonably require relocation of the antenna to another location upon the building or structure, or relocation to a different county-owned building or structure.

(6)

Prior to preparation of the lease agreement, Fulton County staff shall ensure that the proposed installation of a telecommunications antenna will not conflict with any utilization of the building or structure by Fulton County.

(7)

The lease agreement shall provide for indemnification of Fulton County in a form satisfactorily to the county attorney.

(8)

The lease agreement shall require the lessee to comply with all applicable federal, state, and local ordinances, regulations and statutes, and shall provide that Fulton County may review and approve any plans and specifications prior to installation of the antenna.

(9)

The lease agreement shall require insurance, including, but not limited to, coverage for public liability and property damage, in a form and amount satisfactory to Fulton County.

(10)

If determined by the county attorney to be more advantageous to Fulton County, the agreement shall instead be in the form of a license or easement, provided that the foregoing guidelines are adhered to.

(11)

A duly-noticed public hearing shall be held by the board of commissioners prior to approval of any lease agreement for installation of a telecommunications antenna on a county-owned building or structure.

(c)

Notice of the public hearing shall be given at least 15 days prior to the date of the board of commissioners hearing and shall be published in a newspaper of general circulation. The development services department shall post a sign in a conspicuous location on each public street frontage of the subject property, and shall give notice by regular mail to all property owners within 300 feet of the boundaries of the property who appear on the tax records of Fulton County. The published notice shall contain the time, place, and purpose of the board of commissioners hearing and the location of the property. Notice shall not be considered inadequate if the signs are removed or mail not delivered.

(96-1115, 10-16-96); Res. of 5-7-97, § 3)