The City of Allen Management of Public Right-of-Way Article in the Code of Ordinances was created in 2001. There have been no revisions since it was enacted June 7, 2001.

Senate Bill 1004 (SB 1004) allows the deployment of network nodes in the public right-of-way (ROW) and will be enacted on September 1, 2017. Chapter 283 of the Local Government Code provides regulations applicable to Certified Telecommunication Providers, and a new Chapter 284 of the Local Government Code provides regulations applicable to Network Providers. It is necessary to amend the City code of ordinances to adopt provisions that are consistent with Chapters 283 and 284 of the Local Government Code.  These provisions are applicable to the installation of "network nodes" (equipment that enables wireless communications between the communications network and the user's equipment) and related equipment, and applies to both the "wireless service provider," who provides the service directly to the public, and to "network providers," which are entities who do not provide service to the end-user, but whom build the equipment on behalf of a wireless service provider.

In addition to changes to Chapter 13 required by law, staff is proposing several changes that have derived from practice over time, since originally adopted in 2001.  Such changes are "housekeeping" in nature and align current practice with the ordinance language.  This involves a variety of topics including restoration, required notification, permit time extensions, minimum separation from public infrastructure, and other practical matters. Additionally, the proposed ordinance restricts location of any utilities within the North Texas Municipal Water District Easement, along FM 2551 (Angel Parkway).  This existing easement contains a critical 84-inch diameter waterline and when public right-of-way overlaps the easement (when the road is widened), franchise utilities should be kept away from this important waterline.

This ordinance is a companion item on this same agenda to another ordinance adopting the Allen Design Manual.  The Allen Design Manual will communicate our community preferences, design considerations, and specific requirements that the network owners and installers must reference to get a permit for use of the right-of-way. 

Finally, SB 1004 also dictates the type and maximum amount of various fees that cities are allowed to collect for network node installations. This ordinance amends the Master Fee Schedule to provide for the adoption of fees related to this use of ROW as outlined in the Budgetary Impact section below.

Below is a summary of the permit application fees and rental fees that the City will collect for network node installations with the adoption of the Network Node Design Manual and ROW Ordinance amendment.

Staff recommends that Council adopt an Ordinance amending Chapter 13, "Streets and Sidewalks", Article III, "Management of Public Rights-of-Way", regarding the use of the Public Rights-of-Way within the City; and amending the Master Fee Schedule to provide for the adoption of new fees related to the use of the Right-of-Way for the installation of Nodes and Node Support Poles.

I make a motion to adopt Ordinance No.____________ amending the Code of Ordinances, Chapter 13, "Streets and Sidewalks", Article III, "Management of Public Rights-of-Way", regarding the use of the Public Rights-of-Way within the City; and amending the Master Fee Schedule to provide for the adoption of new fees related to the use of the Right-of-Way for the installation of Nodes and Node Support Poles.