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Home My WebLink About2017-O-18 - Amending Chapter 95 Streets and SidewalksORDINANCE NO.2017-0-18 AN ORDINANCE AMENDING CHAPTER 95 "STREETs AND SIDEWALKS," OF THE CODE OF THE CITY OF STEPHENVILLE BY ENACTING A NEW SECTION 95.71 "USE OF CITY RIGHTS -OF -WAY FOR SMALL CELL INFASTRUCTURE" TO COMPLY WITH CERTAIN PROVISIONS OF CHAPTER 284 OF THE LOCAL GOVERNMENT CODE BY (1) ADOPTING A DESIGN MANUAL FOR WIRELESS NETWORK COMPANIES TO REGULATE WORK IN THE PUBLIC RIGHTS- OF -WAY FOR THE INSTALLATION, CONSTRUCTION, AND USE OF WIRELESS FACILITIES, (2) DESIGNATING PUBLIC PARKS WITHIN THE CITY OF STEPHENVILLE, AND (3) LEVYING APPLICATION FEES AND PUBLIC RIGHTS -OF -WAY USE RATES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICTATION AND BECOMING EFFECTIVE THE DATE AFTER THE SECOND PUBLICATION DATE. WHEREAS, the 85th Texas legislature passed S.B. 1004 (to be codified as the new Texas Local Government Code Chapter 284) ("Chapter 284") to be effective September 1, 2017; WHEREAS, Chapter 284 mandates that wireless infrastructure and service providers have access to public rights -of -way to locate their wireless facilities, including network nodes and support poles, with the stated purpose of furthering the important public policy of having reliable wireless networks and services through the provision of standardized permitting process and compensation schedules; WHEREAS, Chapter 284 limits the City's police powers, but generally requires permits for the installation and construction of wireless facilities; WHEREAS, Chapter 284 allows the City to adopt a design manual to govern the installation and construction of network nodes and new node support poles in the public rights -of- way, which include additional installation and construction detailsthat do not conflict with Chapter 284 ("Design Manual"); WHEREAS, network providers are required to comply with a Design Manual if it is in place on the date that a permit application is filed; WHEREAS, Chapter 284 also provides for the payment of application fees and annual public rights -of -way use rates; WHEREAS, the City requires the payment of fees for similar types of commercial development inside the City's territorial jurisdiction other than a type for which application or permit fees are not allowed by law; WHEREAS, City staff has studied the cost of providing the services and administering and enforcing the regulatory program associated with Chapter 284; WHEREAS, after receiving and reviewing the aforementioned costs, the City Council finds that the fees established are necessary and do not exceed the amount reasonably necessary to provide the services and administer and enforce the regulatory program to which they are related; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, G TEXAS: Ordinance No. 2017-0-XX Page 1 of 4 Use of City Rights -of -Way for Small Cell Infrastructure I SECTION 1. That a new section, Section 95.71, of the Code of Ordinances of the City of Stephenville, Texas is enacted to be titled "Use of City Rights -of -Way for Small Cell Infrastructure": Sec. 95.71 USE OF CITY RIGHTS -OF -WAY FOR SMALL CELL INFRASTRUCTURE. (a) Design Manual. In accordance with Chapter 284 of the Texas Local Government Code, the installation and construction of network nodes and new node support poles in the public rights -of -way is subject to the design manual that is attached to this ordinance as Exhibit A and hereby incorporated into the City Code. (b) Public Parks. For purposes of Chapter 284 of the Texas Local Government Code, recreational public parks within the City of Stephenville include those areas, lands, or properties within the territorial jurisdiction of the City of Stephenville that are (1) designated as parkland by the Stephenville City Council, (2) identified as parkland in the City's most recently adopted Comprehensive Plan, including the most recently adopted Parks, Recreation, and Open Space Master Plan, or (3) held out, used, set aside, or otherwise designated for public enjoyment and recreation, either actively or passively. (c) Fees and Rates. Pursuant to Chapter 284 of the Texas Local Government Code, there is hereby levied and assessed and shall be collected the application fees and public rights -of -way use rates set forth in the table below: Application Fees Amount Network node $500.00 per application for up to 5 network nodes, and $250.00 for each additional network node on a single application; up to 30 network nodes are allowed on each application. Node support pole $1,000.00 per application for each pole Transport Facility $500.00 for up to 5 network nodes and $250.00 for each additional network node on a single permit; up to 30 network nodes are allowed on each permit. Annual Public Rights -of -Way Use Rates Amount Network node $250.00 per network node site. No separate rate from the network node annual Node support pole fee (each support pole should have a network node attached) $28.00 monthly for each network node site, Transport Facility unless an equal or greater amount is paid the city, e.g., under Chapter 283, Tex. Loc. Gov. Code or Chapter 66, Tex. Util. Code. Service Pole Attachment $20 per year to collocate a network node on a service pole in the public right-of-way Ordinance No. 2017-0-XX Use of City Rights -of -Way for Small Cell Infrastructure Page 2 of 4 n SECTION 2. That the City Council finds the adoption of the Design Manual, attached hereto as Exhibit A, is in the public interest, and is consistent with the City's authority under Chapter 284. SECTION 3. This ordinance shall be cumulative of all provisions of the Code of Ordinance of the City of Stephenville (except where the provisions of this ordinance are in direct conflict with the provisions of this ordinance and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause or phrase shall be declared to be unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance, because the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. All right and remedies of the City of Stephenville, Texas, are expressly saved as to any and all violations of the Code of the City of Stephenville, or any other ordinances of the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 6. That to the extent any resolution or ordinance previously adopted by the City Council is inconsistent with this Ordinance, it is hereby repealed. SECTION 7. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter551. SECTION 8. That any person, organization, or business entity who violates, disobeys, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. Ordinance No. 2017-0-XX Page 3 of 4 Use of City Rights -of -Way for Small Cell Infrastructure PASSED AND APPROVED this the 7th day of November, 2017. Jer IK. vIdon, II, Mayor ATTEST: - r V L Staci - g, City Secret byAllerr'L. Barnes, City Randy Thomas, City Attorney Approved as to form and legality Ordinance No. 2017-0-XX Page 4 of 4 Use of City Rights -of -Way for Small Cell Infrastructure