HomeMy WebLinkAboutOrdinances (ORDINANCE O-17-2022)-08/15/2017 ORDINANCE 0-17-2022
AN ORDINANCE AMENDING THE CITY OF COLLEYVILLE, TEXAS, CODE
OF ORDINANCES BY AMENDING CHAPTER 2, "ADMINISTRATION,
;ARTICLE II "FINANCE, DIVISION 1, GENERALLY, SECTION 2-26 FEES
AND CHARGES FOR CITY SERVICES; CHAPTER 86, "STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES", ARTICLE III, "PUBLIC
RIGHTS-OF-WAY", AND ADOPTING DIVISION IV, "NETWORK
PROVIDERS", TO PROVIDE REGULATIONS CONSISTENT WITH STATE
LAW RELATED TO THE INSTALLATION OF NETWORK NODES IN PUBLIC
RIGHTS-OF-WAY BY NETWORK PROVIDERS, PROVIDING A
REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council for the City of Colleyville finds that Chapter 284
of the Local Government Code, which goes into effect September
1, 2017, provides regulations applicable to the installation of
wireless network nodes and related equipment in the City's
rights-of-way by Network Providers; and
WHEREAS, the City Council for the City of Colleyville finds that it is
necessary to amend its code of ordinances to adopt provisions
that are consistent with Chapter 284 of the Local Government
Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Code of Ordinances of the City of Colleyville, Texas is
amended by amending Chapter 2, "Administration", amending
Article II, "Finance", Division 1, "Generally", Section 2-26, "Fees
and Charges for City Services", (i) "Development Fees",as
amended by the following:
Sec. 2-26. - Fees and charges for city services.
Addition of:
(i) Development fees:
Network Provider Fees:
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Small cell application fee (This penalty shall $500.00 (1-5 network
not exceed and is capped by statutory limits) nodes); $250.00 (each
additional network node);
$1,000.00 per pole
Small cell user fees (this penalty shall not $250.00 annually for each
exceed and is capped by statutory limits) network node; $20.00 per
year for city pole attachment
Transport Facility monthly user fee (This fee $28 multiplied by the number
shall not exceed and is capped by statutory of the network provider's
limits) network nodes located in the
public right-of-way for which
the installed transport
facilities provide backhaul,
until the time the network
provider's payment to the
City exceeds its monthly
aggregate per month
compensation to the City
1
Sec. 2. THAT the Code of Ordinances of the City of Colleyville, Texas is
amended by amending Chapter 86, "Streets, Sidewalks and
Other Public Places", amending Article III, "Public Rights-of-
Way"; Division 2. - Telecommunications Providers; Sections 86-
61; 86-64; and 86-65; amending Division 3, "Construction in
Public Rights-of-Way", sections 86-101 and 86-104; and
adopting a new Division 4. "Network Providers", to read as
follows:
ARTICLE III. PUBLIC RIGHTS-OF-WAY
Division 2. Telecommunications Provider
Sec. 86-61. Definitions.
In this chapter, alphabetical additions:
Network node means equipment at a fixed location that enables wireless
communications between user equipment and a communication network.
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Network Provider means a wireless service provider, or a person that does not
provide wireless services and that is not an electric utility but builds or installs,
on behalf of a wireless service provider, network nodes or node support poles
or any other structure that supports or is capable of supporting a network
node.
Provider means a person, including any certificated telecommunications utility
and excluding Network Providers, as defined herein, that delivers
telecommunications service within the city to person(s) by way of a network
and that places facilities in, on or over the public rights-of-way. A provider
does not include persons who are authorized by the city to occupy the public
rights-of-way in specifically approved routes within the city, unless they also
have a municipal consent under this chapter. To the extent allowed by law,
provider also means a person that does not deliver telecommunications
service within the city, but who uses, constructs or maintains facilities or
transmission media within the public rights-of-way.
Transport Facility means each transmission path physically within a public
right-of-way, extending with a physical line from a network node directly to
the network, for the purpose of providing backhaul for network nodes.
Wireless service means any service using licensed or unlicensed wireless
spectrum, including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
Wireless service provider means a person that provides wireless services to
the public.
Sec. 86-64. - Authority; scope.
(a) This division applies to all telecommunications providers, except
certificated telecommunications providers and network providers, that
place facilities in, on or over public rights-of-way, excluding services
provided solely by means of a wireless transmission.
Sec. 86-65. - Municipal consent required.
(a) Any person, except a certificated telecommunications provider or
network provider, prior to placing, reconstructing, or altering facilities
in, on or over the public rights-of-way, shall obtain a municipal consent
from the city. . . .
Division 3. Construction in Public Rights-of-Way
Sec. 86-101. - Definitions.
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In this division alphabetical additions:
Network Provider means a wireless service provider, or a person that does not
provide wireless services and that is not an electric utility but builds or installs,
on behalf of a wireless service provider, network nodes or node support poles
or any other structure that supports or is capable of supporting a network
node.
Sec. 86-104. - Municipal authorization required.
(b) Any person, except a certificated telecommunications provider or
network provider, prior to placing, reconstructing, or altering facilities
in, on or over the public rights-of-way, must obtain separate municipal
authorization from the city.
New Division 4:
Division 4. Network Providers
Sec. 86-120 Authority required/nonexclusive use
A network provider must provide evidence that the network provider has
acquired all required authorization pursuant to state law, including but not
limited permission to use a utility pole or City service pole, prior to obtaining
a permit from the City to use public right-of-way. The network provider's right
to use and occupy the public right-of-way shall not be exclusive, and the city
shall have the right to exercise its police powers and manage its public right-
of-way, based on the Texas Local Gov't Code Chapter 284 and all other state
or federal laws.
Sec. 86-121 Transfer and notice
A network provider shall notify the right-of-way manager of any sale, transfer,
merger or assignment of the ownership or control of Network Provider's
business within 30 days of such sale, transfer, merger or assignment. A
Network Provider shall also maintain and provide current point-of-contact
information with the right-of-way manager at all times during which the
Network Provider uses the right-of-way.
Sec. 86-122 Fees
(a) Exemptions. Network Providers are exempted from the following fees
provided for in this article:
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(1) Permit application fee, including expedited application fee and
permit expiration fee;
(2) Additional permit fee;
(3) Saturday inspection fee;
(4) Registration fee.
(b) Network Provider Fees
(1) Annual Network Node Rate. Network Providers shall pay the City an
annual Network Node Rate for each Location for which Network Provider
has obtained Permit(s) for the installation of Network Nodes, regardless
of whether or not a Network Provider installs Network Nodes in the
Public Right-of-Way. The amount of the Annual Network Rate shall be
set in Section 2-26 of the City's Code of Ordinances. The annual
Network Node Public Right-of-Way Rate payment for the first year at
any Location ("Initial Annual Network Node Payment") begins accruing
when the permit is issued and is due 30 days after Network Provider
obtains a Permit to install or collocate a Network Node at the Location.
The Initial Annual Network Node Payment shall be pro-rated for the
months remaining in the calendar year after the permit issuance date.
(2) Subsequent Years Annual Network Node Rate Due Date. The annual
Network Node Public Right-of-Way Rate for every year after the Initial
Annual Network Node Payment shall be paid in advance on or before
December 31 of each calendar year for each Network Node in the Public
Right-of-Way for the next calendar year period.
(3) Annual Network Node Rate Adjustment. The City may adjust the annual
Network Node Public Right-of-Way Rate by an amount equal to one-half
the annual change in the Consumer Price Index for All Urban Consumers
for Texas, as published by the federal Bureau of Labor Statistics. The
City shall provide written notice to each Network Provider of the new
rate, and the rate shall apply to the first payment due to the municipality
on or after the 60th day following that notice.
(4) Annual Collocation on Service Pole Attachment fee. Network Provider
shall pay the City annually $20 for each Network Node Permitted to be
Collocated on a City Service Pole for each Location for which Network
Provider has entered into an agreement with the City to collocate a
Network Node on a City Service Pole, regardless of whether or not a
Network Provider collocates a Network Node on a Service Pole. This fee
is due 30 days after Network Provider obtains a Permit to install a
Network Node on the City Service Pole. The Initial Annual Collocation on
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Service Pole Attachment Fee Payment shall be pro-rated for the months
remaining in the calendar year after the permit issuance date. The
annual Collocation on Service Pole attachment fee for every year after
the Initial Payment shall be paid in advance on or before December 31
of each calendar year for each Network Node in the Public Right-of-Way
for the next calendar year period.
(5) Monthly Transport Fee. To the extent Network Provider has Transport
Facilities Permitted from the Network Nodes in the Public Right-of-Way
it shall pay the City a monthly Transport Facilities fee on a quarterly
basis, in the amount set in Section 2-26 of the City's Code of Ordinances,
which begins accruing when the permit is issued. This Transport Facility
fee is in addition to any annual Network Node Public Right-of-Way Rate
payment required by Ch. 284, Section 284.053
(6) Application and Permit Fees. Network provider shall pay the City the
application and permit fees set forth in the City's Master Fee Schedule
contemporaneously with the submittal of the application for the permits.
Sec. 86-123 Indemnity
A Network Provider shall indemnify the city as specified by V.T.C.A., Local
Government Code sec. 283.057, as may be amended.
Sec. 86-124 Compliance with Design Manual
A network provider shall comply with the city's Design Manual for the
Installation of Network Nodes and Node Support Poles, as amended. Any
applications submitted for installation of Network Nodes, Node Support Poles
and related equipment, the plans and specifications of which do not comply
with the Design Manual, will not be approved.
Sec. 86-125 Certificates of Operation
As part of the application process for the installation of network nodes, the
Network Provider must certify that the proposed network node will be placed
into active commercial service by or for a network provider no later than the
60th day after the date the construction and final testing of the network node
is completed.
An updated certification of active service must be submitted annually, by no
later than December 31st, with or prior to payment of the applicable annual
fee(s).
If the Network Provider is not in active commercial service for a period in
excess of sixty (60) consecutive days, the equipment will be deemed
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abandoned and the permit will be revoked. The network provider will be
required, within ninety (90) days from notification from the City, to remove
the equipment at the network provider's sole expense.
Sec. 3. THAT all provisions of the ordinances of the City of Colleyville in
conflict with the provisions of this ordinance be, and the same
are hereby, repealed, and all other provisions of the ordinances
of the City of Colleyville not in conflict with the provisions of this
ordinance shall remain in full force and effect.
Sec. 4. THAT should any sentence, paragraph, subdivision, clause,
phrase or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or
unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
Sec. 5. THAT this Ordinance shall take effect immediately from and after
its passage and the publication of the caption, as the law and
charter in such cases provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 1ST day of August
2017.
iThe second reading and public hearing being conducted on the 15TH day of
August 2017.
PASSED AND APPROVED BY A VOTE OF (.P AYES, U NAYS, AND O
ABSTENTIONS ON THIS THE 15TH DAY OF AUGUST 2017.
Mayor Richard Newton a.A.k, Mayor Pro Tern Bobby Lindamood
Place 1, Tammy Nakamura v Place 5, Nancy Coplen _
Place 3, Kathy Wheat (L)(._ Place 6, Mike Taylorgu
Place 4, George Dodson 0
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ATTEST: C OF COLLEYVILLE
A VA
A 6 Sheller TRMC Richard Newton
City Secretary Mayor
APPROVE ' 0 FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney