To: Mark R. Hafner, City Manager
From: Alonzo Liñán, P.E., Director of Public Works
Subject:
Title
Consider an ordinance amending Chapter 15.5 of the Code of Ordinances of the City of Keller, Texas by repealing the current Chapter 15.5 entitled “Streets, Sidewalks, and Public Rights-of-Way Management” and replacing it with a new Chapter 15.5 “Right-of-Way Management”.
Action
Requested:
Repeal and Replace Chapter 15.5 of the Code of Ordinances (Streets, Sidewalks, and Public Rights-Of-Way) to reflect recent state legislation permitting wireless communication companies the use of public right of way.
Background:
Senate Bill 1004, which will be codified as Chapter 284 of the Local Government Code, passed in the 85th Regular Legislative Session, pre-empts municipal authority over the right-of-way with regard to network nodes (also referred to as “small cell” or “distributed antenna systems” or “DAS”). The new legislation takes effect September 1, 2017 and requires that municipalities allow network nodes to locate in the right-of-way. Additionally, and for the first time, the legislation requires that municipalities allow use of city facilities, such as city poles, street lights, traffic signals and other vertical facilities as supports. The new legislation does not extend beyond location in the right-of-way and the city still retains right-of-way management authority. The legislation expressly forbids a moratorium.
In order for Keller to exercise the statute defined authority, any ordinances that address the placement of network nodes need to be in place on or before September 1st.
As a result, staff has updated the existing right of way ordinance (last updated in 1998) to reflect the provisions allowed to municipalities in the newly created Chapter 284 of the Local Government Code. Additionally, the city is updating the Design Manual, Pole Attachment Agreement, reviewing and updating the permit application process and developing a fee structure to address the uniqueness of network nodes.
At this time, staff is only forwarding for consideration the updated Right of Way Ordinance and Design Manual revisions with any recommendations or revisions to the fee structure to follow as needed.
Budget Impact:
It is unknown how many additional right-of-way permit applications will be seen as a result of this, but staff has calculated that each permit application received costs approximately $320 to process.
Financial Considerations:
This effort will be covered with general operating funds until such time that application, registration and user fees are incorporated.
Citizen Input/Board Review:
Not applicable.
Legal Review:
Completed.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial
Council Action:
Staff recommends approval of the proposed ordinance as presented.