| | | | | | | |
CITY COUNCIL AGENDA COMMUNICATION |
|
| | | | | | | | | AGENDA DATE: | November 27, 2018 |
|
| | | | | | | | | SUBJECT: | Adopt an Ordinance Amending the Code of Ordinances, Chapter 13, Article III, 'Management of Public Rights-of-Way' Regarding the Use of Public Right-of-Way and Master Fee Schedule. |
|
| | | | | | | | | STAFF RESOURCE: | Chris Flanigan, Director of Engineering |
|
| | | | | | | | | PREVIOUS COUNCIL ACTION: | On August 22, 2017, City Council adopted 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 amended 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. |
|
| | | | | | | | | ACTION PROPOSED: | Adopt an Ordinance Amending the Code of Ordinances, Chapter 13, Article III, 'Management of Public Rights-of-Way' Regarding the Use of Public Right-of-Way and Master Fee Schedule. |
|
| | | | | | | | BACKGROUND
The City of Allen Management of Public Right-of-Way Article in the Code of Ordinances was amended in 2017 to adopt provisions that are consistent with Chapters 283 and 284 of the Local Government Code resulting from Senate Bill 1004 (SB 1004) allowing the deployment of network nodes in the public right-of-way (ROW).
Since that time, the FCC has recently released an Order adopting new rules
concerning the installation of wireless equipment across the country.
Some of these rules preempt state law, particularly in regard to the amounts we
can charge for these applications/equipment, and the amount of time staff will
have to review the applications.
Although not a material change in how we regulate the users within the public right-of-way, it is necessary to amend this Ordinance, as well as the fees for Network Providers, to comply with recently enacted federal rules.
|
| | | | | | | | BUDGETARY IMPACT
Below is a summary of the amended permit application fees and rental fees that the City will collect for network node installations:
|
Network Node
Installation Type
|
Permit Application Fee
|
Network Node Rental Fee
|
|
Utility Pole (Non-City Owned)
|
N/A
|
N/A
|
|
Transport Facility
|
N/A
|
$28 per Month per Node
|
|
Service Pole (City Owned)
|
$500 for the first 5 Nodes; $100 for each additional node; limit of 30 nodes total.
|
$270 per Year per Node (plus annually allowed CPI adjustment)
|
|
Node Support Pole
|
$1,000 per Pole
|
$270 per Year per Node (plus annually allowed CPI adjustment)
|
|
| | | | | | | | STAFF RECOMMENDATION
Staff recommends that City Council adopt an Ordinance amending the Code of Ordinances, Chapter 13, Article III, 'Management of Public Rights-of-Way' regarding the Use of Public Right-of-Way and Master Fee Schedule.
|
| | | | | | | | MOTION
I make a motion to adopt Ordinance No.____________ amending the Code of Ordinances, Chapter 13, Article III, 'Management of Public Rights-of-Way' regarding the Use of Public Right-of-Way and Master Fee Schedule.
|
|