O-3629-11-18 ORDINANCE NO.3629-11-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 13 "STREETS AND SIDEWALKS," ARTICLE III "MANAGEMENT OF
PUBLIC RIGHTS-OF-WAY"REGARDING THE USE OF THE PUBLIC RIGHT-OF-
WAYS WITHIN THE CITY; AMENDING THE MASTER FEE SCHEDULE TO
AMEND THE FEES RELATED TO THE USE OF THE RIGHT-OF-WAY;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000); AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Allen,Texas,finds that the right-of-way,including but not limited
to the streets, sidewalks and utilities located therein, are vital to the everyday life of its citizens, visitor and
businesses; and,
WHEREAS,the City of Allen is responsible for conserving the limited physical capacity of the public rights-
of-way which are held in public trust by the City for the benefit of its citizens, visitors, and businesses; and,
WHEREAS, the City previously adopted its Right of Way management ordinance and finds that its necessary
to amend this ordinance, as well as the fees for Network Providers, to comply with recently enacted federal
rules; and,
WHEREAS, the City Council, in the exercise of its legislative discretion, has concluded that the following
amendments to the City's Right-of-Way Management Ordinance and its Master Fee Schedule shall be approved
in their entirety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 13"Streets and Sidewalks"by amending Article III"Management of Public Rights-of-Way"
to read as follows:
"ARTICLE III. Management of Public Rights-of-Way
Sec. 13.42.- Certified Telecommunication Providers and Network Providers.
(a) Authority required/nonexclusive use. . . .
(b) Fees
(1)CTPs and Network Providers are exempted from the following fees provided for in this article:
a. ROW Construction Permit application fee, including expedited application fee and
permit expiration fee;
b. Additional permit fee;
C. Registration fee.
(2) Network Provider Fees
a. Annual Network Node Rate. Network Providers shall pay the City an annual Network
Node Rate for each Location for which Network Provider has obtained Permits) 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 the City's Master Fee Schedule. 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 colocate 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.
b. 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.
C. 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.
d. 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 the City's
Master Fee Schedule,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.
e. 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.
(d) Indemnity
Secs. 13-43—13-50. —Reserved."
SECTION 2. The Master
Fee Schedule for the City of Allen is hereby amended to reflect the adoption of
new fees applicable to the use of the Right-of-Way,to read as follows:
Network Node Installation Type Permit Application Fee Network Node Rental Fee
Utility Pole(Non-Cit Owned) N/A N/A
Transport Facility N/A $28 per Month per Node
$500 for the first 5 Nodes; $100 $270 per Year per Node(plus
Service Pole(City Owned) for each additional node; limit annually allowed CPI adjustment)
of 30 nodes total.
Node Support Pole _T $1,000 per Pole $270 per Year per Node(plus
annually allowed CPI adjustment
Ordinance No.3629-11-18.Page 2
Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance or of the Code
of Ordinances,as amended hereby,be adjudged or held to be void or unconstitutional,the same shall not affect
the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which
shall remain in full force and effect.
SECTION 3. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances,as amended,in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 4. The City of Allen does expressly reserve the right to amend these fees,in the event the Federal
Communications Commission Declaratory Ruling and Third Report Order, and/or Chapter 284 of the Texas
Local Government Code, is amended or rescinded.
SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of the
caption as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 27TH DAY OF NOVEMBER 2018.
k4LVED:
wStepheifterrell,MAYOR
APPROVED AS TO FORM: ATTEST:
2,Et—"<
Peter G.Smith,iCITY ATTORNEY She a B.George, C,CITY SECRETARY
(aga:11/2/18:104049)
Ordinance No.3629-11-18,Page 3