HomeMy WebLinkAboutOrdinances (Ordinance O-18-2072)-12/31/2018ORDINANCE 0-18-2072
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 86,
"STREETS, SIDEWALKS AND OTHER PUBLIC PLACES", ARTICLE III,
"PUBLIC RIGHTS -OF -WAY", BY ADOPTING SECTION 86-52,
"VARIANCES/EXEMPTIONS", TO AUTHORIZE THE CITY MANAGER
OR HIS DESIGNEE TO CONSIDER REQUESTS FOR VARIANCES OR
EXEMPTIONS FROM THE PROVISIONS OF THIS ARTICLE OR THE
DESIGN MANUAL, AND AMENDING SECTIONS 86-122 AND 86-124
TO PROVIDE REGULATIONS CONSISTENT WITH FEDERAL LAW
RELATED TO THE INSTALLATION OF NETWORK NODES IN PUBLIC
RIGHT-OF-WAY BY NETWORK PROVIDERS, AND AMENDING
SECTION 86-125 TO ENSURE IT IS CONSISTENT WITH THE TERMS
AND PROVISIONS OF THE CITY'S DESIGN MANUAL; PROVIDING A
REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council for the City of Colleyville finds that newly
adopted federal regulates impact the City's ability to regulate
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 both state and federal law.
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", to read as follows:
Sec. 2-26. - Fees and charges for city services.
(i) Development fees:
Permanent sign permits .....75.00
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Network Provider Fees:
Small cell application fee (This penalty shall
$500.00 (1-5 network notes);
not exceed and is capped by statutory limits)
$100.00 (each additional
network node); $1,000.00
per pole
Small cell user fees (this penalty shall not
$270.00 annually for each
exceed and is capped by statutory limits)
network node
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
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", to read as follows:
ARTICLE III. PUBLIC RIGHTS -OF -WAY
Division 1. In General
Sec. 86-52. Variance/exemptions
(a) A permittee or right-of-way user may request a variance from any of
the requirements of this article by filing a written request with the city
manager stating the requirement and the basis for the variance. The
city manager may reject incomplete variance requests. The applicant
shall bear its own expenses of the application process.
(b) Any request for a variance from any right-of-way restoration
requirement shall be made in writing, in advance of any contemplated
work and shall be accompanied by digitally formatted detailed plans
of the substituted reconstruction and/or repair of the excavated area,
if applicable.
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(c) Any request for an exemption and/or variance from any penalty and/or
fee, other than as provided in this article, shall be made in writing,
and shall be accompanied by a written detailed request stating the
reasons therefore.
(d) Any request for an exemption and/or variance from any permit, and
provision of the City's Design Manual, or any other requirement of this
article shall be made in writing, stating in detail all reasons for the
requested exemption and/or variance.
(e) The City Manager shall grant or deny an application for a variance
and/or exemption within ten days of receipt of the application for
variance and/or exemption.
Sec.86-122. Fees
(a) Exemptions. Network Providers are exempted from the following
fees provided for in this article:
(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.
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(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) 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
(5) 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. 86-124. 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, and for which a variance or exception has not been
granted, pursuant to Section 86-52 of this Article, 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.
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An updated certification of active service must be submitted annually, by no
later than December 315t, 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 one -hundred and twenty (120) consecutive days, the equipment
will be deemed 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 18t" day of
December 2018.
The second reading and public hearing being conducted on the 151h day of
January 2019.
PASSED AND APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH
DAY OF JANUARY 2019.
Mayor Richard Newton Ave Mayor Pro Tern Bobby Lindamood Aye
Place 1, Tammy Nakamura Ave Place 5, Chuck Kelley Ave
Place 2, Kathy Wheat Ave Place 6, Callie Rigney Aye
Place 4, George Dodson Ave
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ATTEST:
Christine Loven, TRMC
City Secretary
AP PROVE D-A9'TO FORM:
'Whitt L. Wyatt
City Attorney
CITY OF COLLEYVILLE —
Richard Newton
Mayor