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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-560,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingtheStokeDentonentrepreneurcenter’s
firstyearofoperationsandtheManagementAgreementbetweentheCityofDentonandtheDallas
Entrepreneur Center.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: August 22, 2017
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding the Stoke Denton entrepreneur
Dallas Entrepreneur Center.
BACKGROUND
As an economic development program of the City of Denton, the goal of Stoke Denton is to foster a local
business climate in which entrepreneurs can start and grow businesses, creating knowledge-based, higher-
paying jobs in the community. Stoke Denton prioritizes the recruitment and support of tech and tech-
enabled startups, though it is not exclusive to businesses in the tech sector.
Stoke Denton, which is managed by the Dallas Entrepreneur Center (DEC), opened on August 1, 2016. In
February 2017, Economic Development staff recommended amending the Management Agreement to
establish baseline metrics for:
number of events held/attendees
number of visitors
number of mentor sessions available/used
number of entrepreneurs assisted
Council adopted an ordinance with that amendment in March 2017 (Exhibit 7). The initial baseline numbers
captured during the first yea can be used to set specific goals for year two, should
Council choose to renew the Management Agreement with the DEC. To further evaluate the value of Stoke
Denton as an economic development program, City staff has monitored:
occupancy rate
recruitment of tech-sector members
business generation and growth
member satisfaction
Exhibits 2 and 3 were prepared by the DEC to report on both baseline metrics and the additional monitored
items.
The current Management Agreement with the DEC terminates on Sept. 30, 2017. Should the Council
choose to renew the Management Agreement for FY 2017-18, staff recommends these changes:
Add metrics based on Year 1 baseline:
o Grow event attendees 15% over Year 1
o Increase the number of tours given (visitors) 5% over Year 1
o
o Increase the number of jobs based out of Stoke Denton by 10% over Year 1
o Maintain a net promoter score of at least 9.0 (gauges member satisfaction)
Add a clause regarding City funding of the Stoke director position
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
February 21, 2017 Work session regarding Stoke Denton and amendments to the Management
Agreement with the Dallas Entrepreneur Center
March 21, 2017 Work session regarding amendments to the Management Agreement with the Dallas
Entrepreneur Center
March 28, 2017 Individual consideration of amendments to the Management Agreement with the Dallas
Entrepreneur Center
FISCAL INFORMATION
In FY 2014-15, the Council chose to invest in a program (eventually known as Stoke Denton) to help
entrepreneurs start, build, and grow their businesses by providing access to professional space to work and
meet, educational programs, mentoring, and a supportive peer community. Over time, entrepreneurs would
contributing to the tax base and creating higher-paying, knowledge-based jobs. While not producing direct
revenue to the program, the underlying idea was that these businesses will become taxpayers and employers
in Denton, thus offsetting some of the program costs.
The DEC retains 90% of the membership fees generated by Stoke Denton and uses that revenue for
marketing, promotion, event supplies, office supplies, member amenities, selling/general/administrative
costs, and DEC headquarters and affiliate network support. The DEC remits the other 10% to the City
quarterly.
Exhibits 4 an
Exhibit 6 provides details on actual and estimated revenue and expenditures since FY 2014-15,
as well as the FY 2017-18 proposed budget for Stoke Denton.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
Exhibit 1 AIS 17-561
Exhibit 2 Stoke Report 8/1/2016-8/1/2017
Exhibit 3 Stoke Report Presentation
Exhibit 4 DEC Profit & Loss Statement 2016
Exhibit 5 Profit & Loss Year 1 Statement Stoke
Exhibit 6 City Stoke Revenues and Expenditures
Exhibit 7 Amended Management Agreement 2017-107
Exhibit 8 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
8;/$<"##"&$=*> /? /*/! $@/*>/ $A8;/$<=@B
6CDEF8$ G<$HDII
."*!" ,$9$</ /JK/ $230L
TOTAL
INCOME
4000 Membership Dues
4005 DEC Affiliate Network40,000.00
4010 Dedicated Membership Services333,587.67
4015 3rd Floor Innovation Hub89,621.27
4025 Virtual Membership26,175.00
4030 Coworking Membership Services103,526.67
4035 Conference Room Sponsorships3,000.00
4040 Mail Service1,200.00
4065 Mentor Program Dues1,400.00
4070 Passport/The DEC2,522.58
4090 Parking Spot2,400.00
Total 4000 Membership Dues603,433.19
4200 Non Profit Income SWAG SALES286,460.16
4250 Denton Director16,250.00
4300 Educational Class Fees2,413.34
4400 Venue Rental Income23,930.95
4450 Sponsorships377,113.34
4455 Donations933.02
Total Income$1,310,534.00
GROSS PROFIT$1,310,534.00
EXPENSES
5000 Payroll Expenses
5010 Payroll Wages484,459.12
5020 Payroll Taxes - SocSecEr28,444.48
5030 Payroll Taxes - Medcare Er6,589.68
5040 Payroll Fees10,323.55
5050 Payroll Taxes - FUTA343.43
5060 Payroll Taxes - SUTA2,115.34
5070 Employee Benefits13,463.54
5080 ACA Fees376.96
5090 Workers Compensation955.75
Total 5000 Payroll Expenses547,071.85
6000 Rent or Lease
6001 Monthly Rent/Lease290,504.90
6002 Prorata Electric35,187.18
6003 Monthly Parking9,800.00
Total 6000 Rent or Lease335,492.08
6010 Denton Stoke 10% to City of Denton (deleted)997.07
6100 Dues & Subscriptions7,502.71
6200 Legal & Professional Fees31,356.51
6250 Professional Development843.93
6300 Advertising13,786.08
!"#$%"&'&$$()*+",-$.!*/$01-$2304$30522$6($7(894
$$0:2
TOTAL
6350 Sponsored Events8,932.85
6370 Sponsored Meals252.23
6400 Meals and Entertainment5,401.16
6410 Travel5,769.39
6500 Office Supplies Expenses14,385.78
6505 General Administrative Expenses11,623.15
6510 Computer Software & Hardware1,618.60
6511 Internet12,508.11
6512 Gas/Mileage/Parking267.53
6520 Stationery & Printing1,402.78
6600 Utilities
6620 Telephone2,346.17
Total 6600 Utilities2,346.17
6700 Repair & Maintenance2,400.40
6750 Insurance704.00
6800 Taxes & Licenses4,455.00
7000 Bank Charges31.64
7100 QuickBooks Payments Fees18,210.52
Website DELETE (deleted)1,500.00
Total Expenses$1,028,859.54
NET OPERATING INCOME$281,674.46
OTHER INCOME
8700 Reimbursed Expenses DELETE (deleted)-6,741.23
Total Other Income$ -6,741.23
NET OTHER INCOME$ -6,741.23
NET INCOME$274,933.23
!"#$%"&'&$$()*+",-$.!*/$01-$2304$30522$6($7(894
$$2:2
7#' :!;;!" <).='>=')',= ').'= ?7#' :< @
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,-,". /+ 12/0 8 ,-,". /0+ 12/3
TOTAL
INCOME
4000 Membership Dues
4010 Dedicated Membership Services70,620.38
4025 Virtual Membership3,225.00
4030 Coworking Membership Services18,229.94
4065 Mentor Program Dues300.00
Total 4000 Membership Dues92,375.32
4250 Denton Director48,750.00
4400 Venue Rental Income5,389.00
4450 Sponsorships1,600.00
Total Income$148,114.32
GROSS PROFIT$148,114.32
EXPENSES
5000 Payroll Expenses
5010 Payroll Wages32,346.16
5020 Payroll Taxes - SocSecEr1,068.34
5030 Payroll Taxes - Medcare Er249.85
5040 Payroll Fees990.26
5050 Payroll Taxes - FUTA42.00
5060 Payroll Taxes - SUTA243.00
5070 Employee Benefits1,443.66
5090 Workers Compensation64.09
Total 5000 Payroll Expenses36,447.36
6000 Rent or Lease
6005 Keys Deposit-210.00
Total 6000 Rent or Lease-210.00
6250 Professional Development150.00
6300 Advertising261.18
6350 Sponsored Events1,907.45
6400 Meals and Entertainment876.61
6500 Office Supplies Expenses853.85
6505 General Administrative Expenses2,394.07
6512 Gas/Mileage/Parking617.71
6700 Repair & Maintenance0.00
7150 10% Back to City of Denton5,938.28
Total Expenses$49,236.51
NET OPERATING INCOME$98,877.81
OTHER INCOME$380.00
NET OTHER INCOME$380.00
NET INCOME$99,257.81
!"# $!"%" &'()'"(!*+ ,-,". /0+ 12/3 //4/3 5 65783
/9/
City Stoke Revenues and Expenditures
2017-18
2014-15 2015-16 2016-17* Proposed
ActualActualEstimateBudget
RevenuesTotals
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Subtotal Revenues υ Ώυ Ώυ БͲБББυ ЊЉͲЉЉЉυ ЊБͲБББ
Expenditures
.ǒźƌķźƓŭ wĻƓƷ ğƓķ
ƷźƌźƷźĻƭυ Ώυ ΛЏЋͲАЎАΜυ ΛЊЍАͲЌЏЎΜυ ΛЊБЊͲВЏЋΜυ ΛЌВЋͲЉБЍΜ
wĻƓƷğƌ {ƦğĭĻ LƒƦƩƚǝĻƒĻƓƷƭυ Ώυ ΛЊВЏͲЊЋЏΜυ ΛЊБͲБЌАΜυ ΛЋЊЍͲВЏЌΜ
59/ tĻƩƭƚƓƓĻƌ tğǤƒĻƓƷυ Ώυ ΛЍБͲАЎЉΜυ ΛЏЎͲЉЉЉΜυ ΛЊЊЌͲАЎЉΜ
.ƩğƓķźƓŭΉağƩƉĻƷźƓŭυ ΛЋВͲЉЉЉΜυ ΛЎЊͲБАЎΜυ ΛВͲВЌБΜυ Ώυ ΛВЉͲБЊЌΜ
hƷŷĻƩυ Ώυ ΛЊЌͲБЊЉΜυ ΛБͲЊЉЊΜυ ΛАͲЉЉЉΜ υ ΛЋБͲВЊЊΜ
Subtotal Expenditures υ ΛЋВͲЉЉЉΜυ ΛЌЋЍͲЎЏБΜυ ΛЋЌЋͲВВЊΜυ ΛЋЎЌͲВЏЋΜυ ΛБЍЉͲЎЋЊΜ
Net Revenue (Expenditures)υ ΛЋВͲЉЉЉΜυ ΛЌЋЍͲЎЏБΜυ ΛЋЋЍͲЊЉЌΜυ ΛЋЍЌͲВЏЋΜυ ΛБЋЊͲЏЌЌΜ
*Expenses are projected through the end of the current fiscal year and include outstanding encumbrances.
Management Agreement
Economic Development August 22, 2017
Stoke Denton: Year 1 Operations and
Caroline Booth
year of operations and proposed changes to the Management Agreement with the Dallas Entrepreneur CenterReceive direction regarding the Management Agreement
/ 8
Objective:
2
paying jobs
-
based, higher
-
The Stoke Denton entrepreneur center is an economic development program of the City of Denton.Goal: Foster a local business climate in which entrepreneurs can start and grow businesses
and create knowledgeMethod: Provide access to professional space to work and meet, educational programs, mentoring, and a supportive peer community
/ 8
Background
3
Number of events held/attendeesNumber of visitorsNumber of mentor sessions available/used Number of entrepreneurs assisted
Stoke Denton opened on August 1, 2016, and is managed by the Dallas Entrepreneur Center (DEC).Council amended the Management Agreement with the DEC on March 2017. Changes included establishing
baseline metrics for:
/ 8
Background
4
sector members
-
Occupancy rateRecruitment of techBusiness generation and growthMember satisfaction
To further evaluate the value of Stoke Denton as an economic development program, City staff is monitoring:
/ 8
Background
5
Totals
$ 18,888 $ 18,888 $ (392,084)$ (214,963)$ (113,750)$ (90,813)$ (28,911)$ (840,521)$ (821,633)
-
18
-
Budget
2017
Proposed
$ 10,000 $ 10,000 $ (181,962)$ (65,000)$ $ (7,000)$ (253,962)$ (243,962)
17*
-
Estimate
2016
$ 8,888 $ 8,888 $ (147,365)$ (18,837)$ (48,750)$ (9,938)$ (8,101)$ (232,991)$ (224,103)
--
16
-
Actual
2015
$ $ $ (62,757)$ (196,126)$ (51,875)$ (13,810)$ (324,568)$ (324,568)
------
15
-
Actual
2014
$ $ $ $ $ $ (29,000)$ $ (29,000)$ (29,000)
Revenues
Expenditures
Net Revenue (Expenditures)
City Stoke Revenues and Expenditures
Rental income to City (from DEC)Subtotal RevenuesBuilding Rent and UtilitiesRental Space ImprovementsDEC Personnel PaymentBranding/MarketingOtherSubtotal Expenditures*Expenses are projected
through the end of the current fiscal year and include outstanding encumbrances.
/ 8
Fiscal Information
6
Grow event attendees 15% over Year 1Increase the number of tours given (visitors) 5% over Year 1Increase the number of jobs based out of Stoke Denton by 10% over Year 1Maintain a net
promotor score of at least 9.0
Add metrics based on Year 1 baseline:Add a clause regarding City funding of the Stoke director position
Current agreement terminates on Sept. 30, 2017Staff recommends the following:
/ 8
Management Agreement
7
Caroline Booth
Seeking direction regarding the Management Agreement with the Dallas Entrepreneur Center
/ 8
Direction:
8
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-793,Version:1
AGENDA CAPTION
Receive a report, hold a discussion, and give staff direction regarding Williams Square.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: August 22, 2017
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding Williams Square.
BACKGROUND
The City bought Williams Square (Exhibit 2) in 1925 for $8,000. It has been a public parking lot since, and
also was used on certain days for a farmers market until the 1960s.
The City has leased parking spaces in Williams Square to Wells Fargo Bank (formerly First State Bank of
Texas) for more than 30 years. Ordinance 2011-184 and the attached lease (Exhibit 3) state that Wells Fargo
has the option to renew at the same rate for seven years. Wells Fargo leases 58 spaces (at one time the
spaces were numbered, so the lease states numbers 1-58) at $17.50 per space per month for a total of
$12,180, which is paid once a year. The lease was amended by Ordinance No. 2017-052 (Exhibit 4) in order
to comply with federal banking regulation requirements.
The City also has leased parking spaces to Denton County for more than 30 years. They County currently
leases 15 spaces, but no specific location is identified. The rate is the same, $17.50 per space per month,
for a total of $3,150; payment is made monthly. Ordinance 2011-183 and the attached lease (Exhibit 5) state
that the County has the option to renew at the same rate for seven years. In a letter (Exhibit 6) dated Aug.
8, 2017, Denton County Judge Mary Horn notified the City that Denton County will not be renewing the
lease after Sept. 30, 2017.
In 2005, the City leased 27 parking spaces in Williams Square to Denton County Transportation Authority
(DCTA) for bus service while work was being completed on the Euline Brock Downtown Denton Transit
Center. DCTA paid $17.50 per space per month for an annual total of $5,670. DCTA used the spaces
through the spring of 2011.
In 2013, the City leased 1,089 square feet of land between Williams Square and Rusty Taco to VOW 210
Hickory Partners to construct a patio. Ordinance No. 2013-009 and the attached lease (Exhibit 7) stated that
the first payment of $3,267 would be due in 2013. The next payment, which was paid in February 2016,
was adjusted on the basis of the then-current United States Consumer Price Index for all urban consumers
for the Dallas-Fort Worth Bureau of Labor Statistics. The payment was $1,112 and will remain that amount
until it is again adjusted in 2019 per the lease. The lease terminates in 2023.
Occasionally, the City leases the parking lot to festivals and events (35 Denton, Day of the Dead, Oaktopia,
etc.). The rates are:
Half day (six hours) $50
Full day (twelve hours) $100
24 hours $150
Multi-day (maximum four days) $450
In May 2017, Jack Bell Properties completed the purchase of the four parcels associated with the Wells
Fargo Bank building at 101 S. Locust St.: the tower/bank lobby, the ATM lot, and two parking lots, one of
which adjoins Williams Square. Jack Bell Properties is interested in a long-term land lease of Williams
Square from the City for the purpose of constructing a parking structure to serve the Wells Fargo
redevelopment project and provide public parking. During a May 9, 2017, work session on the project,
Square.
LEGAL INFORMATION
Please see your Legal Status Report dated August 18, 2017.
FISCAL INFORMATION
Please see Exhibit 8 for information regarding revenue from Williams Square.
STRATEGIC PLAN RELATIONSHIP
action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.3 Promote a business-friendly environment
EXHIBITS
Exhibit 1 Agenda Information Sheet 17-793
Exhibit 2 Map of Williams Square
Exhibit 3 Wells Fargo Lease
Exhibit 4 First Amendment to Wells Fargo Lease
Exhibit 5 Denton County Lease
Exhibit 6 Nonrenewal Letter from Denton County
Exhibit 7 Rusty Taco Lease
Exhibit 8 Williams Square Parking Revenue FY 2006-2007 to FY 2015-2016
Exhibit 9 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
Prepared by:
Julie Glover
Downtown Program Administrator
Williams Trade Square Parking Lot
Boundary of City owned Williams Trade Square 06/13/17
MARY HORN
Denton County Judge
August 8, 2017
Todd Hileman,
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
RE: Parking Permits and Williams Square Parking agreement for FY2018
It is my understanding from Commission Andy Eads that the City of Denton has agreed to the
Denton County Commissioners Court request to provide staff and elected official parking
permits without a reciprocal agreement of payment for parking spaces at Williams Trade Square.
As a result, plnotice to end the lease agreement
between the City of Denton and Denton County effective 09/30/2017, as the county will not
renew its option for renewal in years six and seven of the original lease approved on October 4,
2011, under Court Order #11-0784; instead, the city will provide numbered parking permits to be
used by staff and elected officials to utilize on-street parking around the Courthouse-on-the-
Square.
The permits for on-street parking expiring on December 31, 2017 will continue to be maintained
by Denton County As we have done in the past, my staff will request new
parking permits in January 2018 and will provide a list of numbered permits in use to Mrs. Julie
Glover, Economic Development Program Administrator for the City of Denton, to forward to
City of Denton Police Department Parking Enforcement.
Thank you for your help in resolving this issue. If you have any questions, please feel free to
call me at 940-349-2820.
Sincerely,
Mary Horn
Denton County Judge
cc: Julie Glover, Economic Development Program Administrator
County District Attorney, Civil Division
Courthouse-on-the-
(940) 349--
-
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Wells FargoDenton CountyRusty TacoDCTA
Williams Square
Economic Development August 22, 2017
Caroline Booth
Present information about the current uses and possible future uses of Williams SquareReceive direction regarding potential uses of Williams Square
6
/
Objective:
2
Purchased by the City in 1925Used as a public parking lot since that time
6
/
Background
3
-
58 spaces to Wells Fargo Bank ($17.50/space/month; terminates in 2018)15 spaces to Denton County ($17.50/space/month; terminates Sept. 30, 2017)1,089 square feet of land to Rusty Taco
for a patio (adjustable rate, currently $1,112/year; terminates in 2023)Space for festivals and events (variable rates from a halfday to a maximum of four days)
The City leases the following in Williams Square:
6
/
Current Uses
4
term
-
In May 2017, Jack Bell Properties purchased the four parcels associated with the Wells Fargo Bank BuildingJack Bell Properties is interested in a longlease of Williams Trade Square from
the City to construct a parking garage to serve the Wells Fargo redevelopment project and provide public parkingCity Legal and outside counsel concur that the City has the ability to
enter into such a lease
6
/
Potential Uses
5
Caroline Booth
Seeking direction on potential uses of Williams Trade Square
6
/
Direction:
6
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-979,Version:1
AGENDA CAPTION
Receiveareport;holdadiscussion,andgivestaffdirectionregardingtheFY2017-18CityManager’s
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Finance
DCM: Bryan Langley
DATE: August 22, 2017
SUBJECT
Receive a report; hold a discussion, and give staff direction regarding the FY 2017-18
Proposed Budget, Capital Improvement Program, and Five-Year Financial Forecast.
BACKGROUND
The FY 2017-18 City
provided the City Council with a comprehensive overview of the proposed budget at a Budget Work Session
on August 3, 2017 and has continued discussions during subsequent work sessions. The purpose of this
agenda item is to allow an additional opportunity for questions and dialogue regarding the FY 2017-18
Proposed Budget.
Below is the schedule we will follow to adopt the budget and tax rate:
nd
September 12 2 Public Hearing on Tax Rate
Public Hearing on Proposed Budget
September 19 City Council Adopts Budget and Tax Rate
I look forward to discussing the budget materials in detail with you. If you have any questions, or need
additional information, please let me know.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 PowerPoint Presentation
Respectfully submitted:
Chuck Springer, 940-349-8260
Director of Finance
18 Budget Discussions
-
FY 2017
2
combining into
projection
General Fund
Police Academy Special Revenue Fund General FundCurrent
Budgetary Work Session
3
Current General Fund Projection
Questions?
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1096,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionontheCityCouncilEmployeeBenefitsAdHoc
Committee recommendations for vacation and sick leave changes.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Human Resources
CM/ DCM/ ACM: Bryan Langley
DATE: August 22, 2017
SUBJECT
Receive a report, hold a discussion, and give staff direction on the City Council Employee Benefits Ad
Hoc Committee recommendations for vacation and sick leave changes.
BACKGROUND
On February 14, 2017, at the request of Council, staff presented information on the City of Denton’s
vacation and sick leave benefits (reference Exhibit 2 for a summary chart of the current vacation and sick
leave benefits). As part of the presentation, staff provided information about how the City of Denton’s
vacation and sick leave benefits compare to other DFW metroplex cities (reference Exhibit 3). The survey
results revealed that Denton’s vacation benefits were more generous while the sick leave benefits were less
generous. During that meeting, the Council discussed putting together an ad hoc Council Committee
(“Committee”) to review the vacation and sick benefits in greater detail and make recommendations to the
Council on any changes they think need to be made to be better aligned with the metroplex cities. The
establishment of the “City Council Employee Leave Committee” was approved through resolution 2017-
007 on March 7, 2017. Kathleen Wazny, Sara Bagheri, and Keely Briggs were selected to serve on the
Committee.
Since that time, the following activities have taken place that have led to the recommendations of the
Committee, which are outlined below in this report.
March 24, 2017 – the Committee met to begin discussions about the vacation and sick leave benefits. During
that meeting, the Committee recognized the need and value of being able to review and discuss other City
of Denton benefits.
April 11, 2017 - Councilmember Wazny, chair of the Committee, requested during the Council meeting
that the scope of the Committee be expanded to include review of all City of Denton employee benefits, not
just vacation and sick leave.
April 18, 2017 - Resolution 2017-014 was approved, which amended resolution 2017-007 to expand the
scope of the Committee. The title of the Committee was changed to “City Council Employee Benefits
Committee.” The resolution included language to dissolve the Committee on May 16, 2017.
April 27, 2017 – the Committee met for a second time to continue its discussions on vacation and sick leave
benefits. During this meeting, the Committee also began discussing the health insurance benefits. The
Committee asked the Human Resources staff members to seek input from employees for the Committee to
consider before making a final recommendation to the City Council.
May 16, 2017 – Human Resources (HR) staff met with the Employee Insurance Committee (EIC) to discuss
the options the Committee was considering for vacation and sick leave benefit changes (note: these options
were sent to the Council in an Informal Staff Report in May of 2017; reference Exhibit 4). During that
meeting, possible changes to health insurance benefits and the cost associated with those changes were also
shared. The HR staff requested EIC members to seek feedback from employees in the departments whom
they represent to determine which options would be best supported.
June 9, 2017 – Employee feedback from EIC members was due to HR. In General, employees were
opposed to changes in the benefit structure. If changes were going to be made, however, employees were
most agreeable to capping bonus time after 20 years and reducing the carryover and payouts identified as
option 3 for the committee
June 27, 2017 – Resolution 2017-024 was approved which re-established the ad hoc Committee. The
Committee consisted of Sara Bagheri, Keely Briggs, and John Ryan.
July 10, 2017 – the Committee met to review the feedback results from employees that the HR staff
compiled (reference Exhibit 5) and to further discuss options for changes to vacation and sick leave benefits.
During this meeting, the Committee made the recommendations outlined below. The recommendations
below show information for regular, full-time employees only. If Council wishes to implement, benefits for
½ and ¾-time employees would have to be calculated.
VACATION
1.In addition to the monthly vacation accrual, the City provides 4 hours of bonus time to all regular
full-time employees (6 hours for Fire civil service employees) for each year of service beginning on
th
the 5anniversary date (e.g., 5 years = 4 hours, 6 years = 8 hours, 7 years = 12 hours, etc.). Note:
benefits for Fire civil service employees are different because the City uses 12-hour days to calculate
their benefits versus 8-hour days used for all other full-time employees.
Instead of unlimited bonus time, the Committee is recommending capping bonus time at 20 years
of service. This would result in the maximum bonus accrual of 60 hours for non-civil service and
Police civil service employees and 90 hours for Fire civil service employees. Exhibit 6 shows a
comparison of current versus proposed vacation accrual, including bonus time, by years of service.
The Committee wanted to have a phased implementation. On January 1, 2018, the bonus time would
be changed from 4 hours to 2 hours beyond 20 years (for Fire civil service employees, bonus time
would be changed from 6 hours to 3 hours), then on January 1, 2019, the bonus hours would be
removed altogether beyond 20 years.
2.The City allows vacation hours to be carried over on an employee’s anniversary date. The carryover
hours are equivalent to the employee’s accrued hours, not to exceed 320 hours (480 hours for Fire
civil service employees).
The Committee is recommending bifurcating the carry-over hours based on years of service. There
would be no change for employees with 10+ years of service with the City. Employees with 10 years
of service or less would have carry-over hours changed from 320 hours to 240 hours (for Fire civil
service employees, the hours would be changed from 480 to 360). Again, the Committee wanted to
have a phased implementation, so on January 1, 2018, the hours would be changed to 280 (420 for
Fire civil service employee). Effective January 1, 2019, the hours would be changed to 240 (360 for
Fire civil service employees).
3.The City currently pays out accrued vacation hours to an employee leaving the City, not to exceed
320 hours (480 hours for Fire civil service employees) as long as he/she has been employed at least
six months, has not been terminated for gross misconduct, and has returned all City property on or
before issuance of the employee’s final pay check.
The Committee is recommending changing the payout for employees leaving the City from a
maximum of 320 hours to a maximum of 240 hours (Fire civil service employees would be changed
from a maximum of 480 hours to a maximum of 360 hours). Again, the Committee wanted to have
a phased implementation, so on January 1, 2018, the hours would be changed to a maximum of 280
(maximum of 420 hours for Fire civil service employees). Effective January 1, 2019, the hours
would be changed to a maximum of 240 (maximum of 360 hours for Fire civil service employees).
SICK
1.Non-civil service employees currently accrue 8 hours of sick leave per month, with a maximum
accrual of 720 hours. There is no pay out for sick leave to non-civil service employees when they
leave employment with the City of Denton. Police civil service employees accrue 10 hours per
month, with a maximum accrual of 720 hours. Fire civil service employees accrue 15 hours per
month, with a maximum of 1,080 hours. Police and Fire civil service employees are paid accrued
sick hours, up to 90 days, as required by Chapter 143 of the Texas Local Government Code.
The Committee is recommending increasing sick accrual from 8 hours per month to 10 hours per
month for non-civil service employees. This would equate to 15 days per year, which is equivalent
to what Police and Fire civil service employees currently receive. There would be no change in sick
benefits for civil service employees.
2.There would be no change in the maximum accrual amounts.
3.There would be no change in the payout amounts.
Exhibit 2 shows a comparison of the City’s current vacation and sick leave benefits to the proposed changes
outlined above.
During the August 22, 2017, City Council meeting, staff will be seeking direction from the full Council as
to whether or not to implement the recommended changes to vacation and sick leave benefits made by the
Committee. If directed to implement, staff will revise the associated policies and include them on a future
Council agenda for approval.
As far as health insurance, the Committee decided it would be best to let the Council discuss their desired
funding level (City portion) yearly during budget discussions instead of looking at the specific plan design
options. Once funding was established by Council, staff could determine if changes needed to be made to
the plan design.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Organizational Excellence
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
Exhibit 1 - Agenda Information Sheet
Exhibit 2 - Vacation and Sick Benefits Summary and Recommended Changes by Council Ad Hoc
Committee
Exhibit 3 – Survey of DFW Metroplex Cities’ Vacation and Sick Leave Benefits
Exhibit 4 – May 2017 Informal Staff Report – Ad Hoc Committee Update
Exhibit 5- Compilation of Employee Feedback
Exhibit 6 – Comparison of Current versus Proposed Vacation Accrual by Years of Service
Respectfully submitted:
Carla Romine
Director of Human Resources
Effective Date
N/A1/1/18 for new employees; for existing employees, we would have a phased implementation. The bonus time beginning on 1/1/18 would be decreased to 2 hours (3 hours for Fire civil service
employees) for years beyond 20; then be removed altogether 1/1/19 for years beyond 20.1/1/18 for new employees; for existing employees, we would have a phased implementation. The carryover
for 0 - 10 years would be 280 hours beginning 1/1/18, then would be 240 beginning 1/1/19 (for Fire civil service employees, would be 420 hours beginning 1/1/18, then would be 360 hours
beginning 1/1/19).1/1/18 for new employees; for existing employees, we would have a phased implementation. Beginning 1/1/18, employees would be paid up to 280 accrued hours, and on
1/1/19, they would be paid up to 240 accrued hours for Fire civll service employees, would be 420 hours beginning 1/1/18, then 360 hours beginning 1/1/19).1/1/18 for new as well as
existing employeesN/AN/A
Shift**
Fire Civil Service
Employees Working
No changeCap at 20 years, so the maximum bonus time is 90 hours0 - 10 years = 360 hours 10+ years = 480 hoursAccrued hours up to 360 hoursNo changeNo changeNo change
RECOMMENDED CHANGES BY COUNCIL AD HOC COMMITTEE
40 hours**
Police Civil Service
Employees Working
and Fire Civil Service
No changeCap at 20 years, so the maximum bonus time is 60 hours0 - 10 years = 240 hours 10+ years = 320 hoursAccrued hours up to 240 hoursNo changeNo changeNo change
City of Denton
Employees*
Non-Civil Service
No changeCap at 20 years, so the maximum bonus time is 60 hours0 - 10 years = 240 hours 10+ years = 320 hoursAccrued hours up to 240 hours10 hoursNo changeNo change
Shift**
Fire Civil Service
Employees Working
15 hours6 hours for each year of service, beginning on the fifth anniversary 480 hoursAccrued hours up to 480 hours15 hoursUnlimited Accrued hours up to 1,080 hours
Vacation and Sick Benefits Summary and Recommended Changes by Council Ad Hoc Committee
40 hours**
Police Civil Service
CURRENT BENEFITS
Employees Working
and Fire Civil Service
10 hours4 hours for each year of service, beginning on the fifth anniversary 320 hoursAccrued hours up to 320 hours10 hours Unlimited Accrued hours up to 720 hours
Employees*
Non-Civil Service
10 hours4 hours for each year of service, beginning on the fifth anniversary 320 hoursAccrued hours up to 320 hours8 hours720 hoursnone^^
Benefit
VACATION Monthly AccrualBonus Accrual Maximum Annual Carry OverPay Out Upon Termination^SICK LEAVE Monthly AccrualMaximum Annual AccrualPay Out Upon Termination* Benefits presented in
this chart are for regular, full-time employees. Regular 1/2 time and 3/4 employees receive prorated benefits.**Many of the sick and vacation benefits are mandated by Chapter 143 of
the Texas Local Government Code. The mandated benefits per statute are highlighted in yellow.^Pay out upon termination is only allowed if the employee has completed 6 months of employment,
has not been terminated for gross misconduct, and has returned all City property on or before issuance of the employee's final pay check.^^Exeption: per policy 111.01, employees who
die while in service of the City or while on authorized military leave of absence shall be paid for all unused sick leave not to exceed 90 working days.
accrued
p to the maximum
Employees
any unused accrued
p to 240 hour
accrued hours
General
Hours Paid When Employee Leaves onths to 5 years of service = up to
After 6 months, any unused hoursHired on or before 1/1/2011 with 5 years of service = up to 288 hours Hired on or before 1/1/2011 with 6 m160 hours Hired after 1/1/2011 with 6 months
of service = up to 120 hoursAfter 1 year, uAfter 6 months, hoursUp to 320 hoursAfter 6 months, uallowable accrualAfter 1 year, up to 2 times annual accrualAny unused After 1 year, up
to 160 hoursAfter 5 years, up to 480 hoursAfter 6 months of employment, up to 320 hours
time,
-
Full
depending on
,
, depending on years of
320 hours
400 hours, depending on
hours
hours, depending on years of
160
Maximum Carry Over Hours
or
, 240, or , 320 or
240 hours Executive employees receive 480 hours288 hours240 hours160 hours120 service192 to 352 service160years of service300 hours240years of service480 hours320 hours
on years of
anniversary
th
Vacation Accrual
hours, depending on years of
Annual
60
to 160 hours, depending on years of
4
80 to 1service Executive employees receive 160 hours8service120 to 160 hours, depending on years of service80 to 160 hours, depending on years of service96 to 160 hours, depending on
years of service96 to 176 hours, depending on years of service80 to 160 hours, depending on years of service80 to 200 hours, depending on years of service80 to 200 hours, depending
on years of service120 to 192 hours, dependingservice120 hours, plus 4 additional hours each year beginning on 5
City
VACATION
ArlingtonCarrolltonFriscoGarlandGrand PrairieIrvingLewisvilleMcKinneyMesquitePlanoDenton
accrued
Employees
ny unused
any unused accrued any unused accrued
p to 240 hoursp to 360 hours
shift)
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour(24 hour shift)(24 hour shift)(24 hour shift)
Hours Paid When Employee Leaves
Police and Fire
After 6 months, ahoursPoliceAfter 6 months, up to 288 hours FireAfter 6 months, up to 432 hoursPoliceAfter 1 year, u FireAfter 1 year, uPoliceAfter 6 months, hours FireAfter 6 months,
hoursPoliceUp to 320 hours FireUp to 480 hours
, depending on years of
hours, depending on years of
hours
160 hours, depending on years of
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
Maximum Carry Over Hours
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)
to 320 hourshoursoror 240
Police240 service Fire360 to 480 hours, depending on years of servicePolice288 hours Fire432 hoursPolice240 Fire360 hoursPolice160 Fire240 hoursPolice120service Fire180 service
Vacation Accrual
rs, depending on years of
hou
Annual
160 240 hours, depending on years of
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)to 240 hours, depending on years of (24 hour shift)
oror
Police120 to 160 hours, depending on years of service Fire180 to 240 hours, depending on years of servicePolice120service Fire180 servicePolice120 to 160 hours, depending on years of
service Fire180 to 240 hours, depending on years of servicePolice120 to 160 hours, depending on years of service Fire180 servicePolice96 to 160 hours, depending on years of service
Fire144 to 240 hours, depending on years of service
*
*
City
*
VACATION
ArlingtonCarrolltonFriscoGarlandGrand Prairie
accrualaccrual
annual annual
p to maximum p to maximum
accrued hours
ths, u
years, up to 480 hours
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)
Hours Paid When Employee Leaves
PoliceAfter 6 monallowable accrual FireAfter 6 months, uallowable accrualPoliceAfter 1 year, up to 2 X FireAfter 1 year, up to 2 X PoliceAny unused FireAny unused accrued hours
PoliceAfter 1 year, up to 160 hours FireAfter 1 year, up to 240 hoursPoliceAfter 5 FireAfter 5 years, up to 720 hours
400 hours, depending on
320 hours, depending on years of 480 hours, depending on years of
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
Maximum Carry Over Hours
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)
oror
, 320, or
Police240 to 352 hours, depending on years of service Fire360 to 528 hours, depending on years of servicePolice240 service Fire360 servicePolice300 hours Fire450 hours240years of servicePolice480
hours Fire720 hours
Vacation Accrual
hours, depending on years of hours, depending on years of
60
Annual
1 240
288 hours, depending on years of
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)to
oror
Police120 to 176 hours, depending on years of service Fire180 to 264 hours, depending on years of servicePolice120 service Fire180 servicePolice120 to 200 hours, depending on years of
service Fire180 to 300 hours, depending on years of servicePolice120 to 200 hours, depending on years of service Fire180 to 300 hours, depending on years of servicePolice120 to 192
hours, depending on years of service Fire180service
*
City
**
IrvingLewisvilleMcKinneyMesquitePlano
Leaves
Hours Paid When Employee
(24 hour shift)
Maximum Carry Over Hours
PoliceAfter 6 months, up to 320 hours FireAfter 1 year, up to 480 hours
and Fire, 40 hour shift
(24 hour shift)
Police320 hours Fire480 hours
Vacation Accrual
Annual
additional
beginning on
6
and Fire, 40 hour shift
anniversaryanniversary
thth
Police120 hours, plus 4 additional hours each year 5 Fire (24 hour shift)180 hours, plus hours each year beginning on 5
*
City
Denton
*Chapter 143 Civil Service City
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Annual
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4
120 hours8service96 hours40service120 hours 120 hours120 hours136120 hours120 hours 96 hours
City
SICK
ArlingtonCarrolltonFriscoGarlandGrand PrairieIrvingLewisvilleMcKinneyMesquitePlanoDenton
p to 240 hoursp to 360 hours
ours
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)
Hours Paid When Employee Leaves
Police and Fire Employees
PoliceRetirees = up to 960 hours FireRetirees = up to 1,440 hoursPoliceAfter 1 year, up to 960 hours FireAfter 1 year, up to 1,440 hoursPoliceAfter 1 year, u FireAfter 1 year, uPoliceUp
to 720 hours FireUp to 1,080 hPoliceUp to 720 hours FireUp to 1,080 hours
Accrual
Maximum
and Fire, 40 hour shift
(24 hours shift)
Police1,200 hours Fire1,800 hoursNo limitNo limitNo limitNo limit
Accrual
Sick
Annual
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
hours(24 hour shift)hours(24 hour shift)(24 hour shift)(24 hour shift)(24 hour shift)
Police120 Fire180 Police120 hours Fire180 hoursPolice96 hours Fire144 hoursPolice120 hours Fire180 hoursPolice120 hours Fire180 hours
*
City
SICK
ArlingtonCarrolltonFriscoGarland*Grand Prairie*
(up to a (up to a
hours, up
, if eligible to , if eligible to
Employee Leaves
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)
il Service employees are eligible for
Hours Paid When
PoliceUp to 720 hours Civil Service employees are eligible for additional pay upon separationmaximum of 2,500 hours)retire, and if they have at least 500 additional hours in excess of
720 hours; pay is equivalent to a percentage of the accrued FireUp to 1,080 hours Civadditional pay upon separationmaximum of 2,500 hours)retire, and if they have accrued at least 750
additional hours in excess of 1,080 hours; pay is equivalent to a percentage of the employeebased on hours accruedPoliceAny accrued hours over 240 to 720 hours FireAny accrued hours
over 360 hours, up to 1,080 hoursPoliceIf worked for City a minimum of 5 consecutive years, up to 160 hours FireIf worked for City a minimum of 5 consecutive years, up to 240 hours
Maximum Accrual
and Fire, 40 hour shift
(24 hour shift)
No limitPolice1,600 hours Fire2,400 hoursNo limit
Sick Accrual
Annual
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)(24 hour shift)
Police120 hours Fire180 hoursPolice120 hours Fire180 hoursPolice136 hours (11.37 hours per month) Fire184 hours (15.4 hours per month)
City
Irving*LewisvilleMcKinney
Employee Leaves
hours
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)
Hours Paid When
PoliceUp to 720 hours FireUp to 1,080 hoursPoliceUp to 720 FireUp to 1,080 hoursPoliceUp to 720 hours Fire (24 hour shift)Up to 1,080 hours
Maximum Accrual
No limitNo limitNo limit
Sick Accrual
Annual
and Fire, 40 hour shiftand Fire, 40 hour shiftand Fire, 40 hour shift
(24 hour shift)(24 hour shift)
0 hours
2
Police120 hours Fire180 hours Police1 Fire180 hoursPolice120 hours Fire (24 hour shift)180 hours
City
*
Mesquite*Plano*Denton
*Chapter 143 Civil Service City
Date: May 5, 2017 Report No. 2017-030
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
City Council Employee Benefits Ad Hoc Committee Update
EXECUTIVE SUMMARY:
The City Council Employee Benefits Ad Hoc Committee has had two meetings to
date: March 24, 2017, and April 27, 2017. They have reviewed and discussed the vacation and
sick benefits as well as health insurance. They are interested in making changes to these benefits
to align them more with other DFW metroplex cities. Staff has provided the Committee with a
couple of change options to vacation accruals, vacation carry-over and payout, and sick leave
accruals. Before making a final recommendation to Council, the Committee has asked the staff to
seek input from an employee committee. Once the Committee is prepared to make a final
recommendation, a presentation will be made to the full Council.
BACKGROUND:
On February 14, 2017, at the request of Council, staff presented information on the City of
an ad hoc Council Committee to review the vacation and sick benefits further and make
recommendations to the Council on any changes they think need to be made. The establishment
of the ad hoc Committee was approved through resolution 2017-007 on March 7, 2017. Kathleen
Wazny, Sara Bagheri, and Keely Briggs serve on the committee.
At the April 11, 2017, City Council meeting, Councilmember Wazny, chair of the Committee,
requested the scope of the Committee be expanded to include review of all City of Denton
employee benefits, not just vacation and sick leave. The Council agreed and resolution 2017-007
was amended (reference resolution 2017-014).
The Committee met on March 24, 2017, to begin discussions on the vacation and sick benefits.
The Committee met again on April 27, 2017, to continue its discussions on vacation and sick
benefits. During this meeting, the Committee also began discussing the health insurance benefits.
DISCUSSION:
The Committee expressed interest in ensuring City of Denton employee benefits are more in line
with other DFW metroplex cities. When comparing our benefits to other cities, it is clear that we
are more generous in some cases (as with vacation and some aspects of our health insurance) and
less generous (as with sick leave) in others. The Committee has been considering decreasing the
vacation benefits but increasing the sick leave benefits. Attached are some options they have been
discussing. No considerations have been made for health insurance. Staff suggested that instead of
Date: May 5, 2017 Report No. 2017-030
making specific recommendations on the health insurance benefit provisions (e.g., deductibles, co-
insurance, copays, plan design, etc), it might be better for Council to provide information on their
comfort level for the amount that is budgeted each year to cover any rising health insurance costs
(currently 6% is included in the budget). Staff could then determine changes that should be made,
with the input from the Employee Insurance Committee (EIC) to ensure we were within budget.
Staff has been utilizing the EIC to determine changes to the health insurance benefits for years
now. The EIC includes approximately 30 employees representing all departments. The Committee
thought that was a good idea.
As the Committee is considering its recommendations for changes to any benefits, they wanted to
have an employee committee weigh in on the discussion. Staff suggested utilizing the EIC, which
will be meeting on May 16, 2017, to discuss vacation and sick leave benefits as well as health
insurance. During this meeting, the options that the ad hoc committee have been reviewing will be
shared with them. These options are attached to this informal staff report. They will be asked to
seek input from employees in the departments they are representing to determine which options
would be best supported. Staff anticipates compiling this feedback by the first part of June to share
with the ad hoc committee, and eventually, the entire Council.
CONCLUSION:
After receiving input from the employee committee, the Committee will make its final
recommendations. These recommendations will be presented to the full Council in the near future.
ATTACHMENTS:
Exhibit 1 Vacation and Sick Benefit Change Options
STAFF CONTACT:
Carla Romine, Director of Human Resources
940-349-8344
Date: May 5, 2017 Report No. 2017-030
Exhibit 1
Date: May 5, 2017 Report No. 2017-030
Vacation Accrual
Change Options
Date: May 5, 2017 Report No. 2017-030
Vacation Benefits
Change Options
OPTION 1:
-No change to monthly accrual
-Cap bonus time at 20 years
-No change in carryover
Denton Current AccrualProposed
Years of
Hours Accrued Per
Hours Accrued
Service
Year (including Hours Lost
Per Year
bonus time)
1201200
1201200
1201200
1201200
1201200
1241240
1281280
1321320
1361360
1401400
1441440
1481480
1521520
1561560
1601600
1641640
1681680
1721720
1761760
1801800
184180-4
188180-8
192180-12
196180-16
200180-20
204180-24
208180-28
212180-32
216180-36
220180-40
224180-44
228180-48
232180-52
236180-56
240180-60
35244180-64
Date: May 5, 2017 Report No. 2017-030
Vacation Benefits
Change Options
OPTION 2:
-Eliminate bonus time and have a graduated plan
0 - 10 years3 weeks 120 hours per year(10 hrs per month)
10+ - 20 years4 weeks 160 hours per year(13.3333 per month)
20+ years5 weeks200 hours per year(16.6666 per month)
-No change in carryover
Denton Current
Proposed
Accrual
Years of
Hours Accrued Per
Hours Accrued Per
Service
Year (including Hours Lost
Year
bonus time)
1201200
1201200
1201200
1201200
1201200
124120-4
128120-8
132120-12
136120-16
140120-20
14416016
14816012
1521608
1561604
1601600
164160-4
168160-8
172160-12
176160-16
180160-20
18420016
18820012
1922008
1962004
2002000
204200-4
208200-8
212200-12
216200-16
220200-20
224200-24
228200-28
232200-32
236200-36
240200-40
35244200-44
Date: May 5, 2017 Report No. 2017-030
Vacation Carry-Over and Payout
Change Options
Date: May 5, 2017 Report No. 2017-030
OPTION 1
example, keep carryover at 320 (480 for Fire CS), but only allow payout up to 240 hours
(360 for Fire CS).
As of 2/20/17, there are 214 employees who have more than 320 hours (480 hours for
Fire CS):
NCS = 157 employees
Police CS = 53 employees
Fire CS = 4 employees
Changing the payout to 240 hours (360 hours for Fire CS) would affect a total of 392
employees; however 214 are already over the maximum allowable hours to be paid. An
additional 178 employees would be impacted by this change.
NCS = 281
Police = 81
Fire CS = 30
To implement with less negative impact on employee morale, could either:
A. Grandfather in existing employees and implement policy change to coincide with
the new fiscal year (with employees starting October 1, 2017).
OR
B. to avoid employees potentially requesting a lot of time
difference in the maximum hours allowed to be paid.
OPTION 2
Change carryover 240 hour (360 for Fire CS); maximum payout would reflect carryover.
Same comments as above for implementation.
OPTION 3
Implement a graduated carryover plan based on years of service as follows:
Date: May 5, 2017 Report No. 2017-030
Less than 10 years = 240 hours
10+ years = 320 hours
As of 2/20/17, the number of employees by years of service (through 9/30/17) are as
follows:
Years of Service Non Civil Service Police Civil Fire Civil Service
through 9/30/17 Service
Less than 10 years of 678 (63.84%)
63 (37.28%) 58 (33.72%)
service
10+ years of service 384 (36.16%) 106 (62.72%) 114 (66.28%)
Maximum payout would reflect carryover.
Date: May 5, 2017 Report No. 2017-030
Sick Accrual
Change Options
For Non-Civil Service Employees
Date: May 5, 2017 Report No. 2017-030
Non Civil Service Sick Benefits
Change Options
OPTION 1:
-Implement a graduated plan
0 to 5 years = 8 hours per month (96 hours per year)
5+ to 10 years = 9 hours per month (108 hours per year)
10+ years =10 hours per month (120 hours per year)
Proposed
Years of Denton Current
Hours Accrued
ServiceAccrual per YearChange in Hours
Per Year
96
960
96960
96960
96960
96960
9610812
9610812
9610812
9610812
9610812
9612024
9612024
9612024
9612024
9612024
15+9612024
Date: May 5, 2017 Report No. 2017-030
-END OF EXHIBIT-
Summarized Employee Feedback
Re: Sick/Vacation and Health Insurance Benefits
June 2017
Sick Leave (24 total comments*)
Option 1 (implement a graduated plan; 0 -5 years = 96 hrs/yr; 5+ - 10 years = 108 hrs/yr; 10+ = 120 hrs/yr)4
Option 2 (change accruals from 96 hrs per year to 120 hrs per year; this would match Civil Service employees of 15
days per year)5
Payout Sick Upon Termination12
Develop incentives not to use2
Increase accruals2
Eliminate the cap on accruals3
Base accrual on years of service3
Vacation Leave (37 total comments*)
Grandfather existing employees12
Accrual Option 1 (no change in accruals but cap bonus time at 20 years)10
Accrual Option 2 (0 - 10 years = 3 weeks; 10+ - 20 years = 4 weeks; 20+ years = 5 weeks)5
Cap accrual at 240 hrs1
Reduce bonus time from 4 hrs to 3 hrs1
Carryover & Payout Option 1 (leave carryover at 320 (480 for Fire CS), but maximum payout would be 240 hours
(360 for Fire CS))3
Carryover & Payout Option 2 (change carryover to 240 hour (360 for Fire CS); maximum payout would reflect
carryover)3
Carryover & Payout Option 3 (Implement a graduated carryover plan based on years of service as follows: Less
than 10 years = 240 hours; 10+ years = 320 hours; maximum payout would reflect carryover)
5
No changes to vacation2
Reduce payout but don't change accruals1
Develop a vacation buy-back program1
Health Benefits (34 total comments*)
Support plan changes over premium increases3
Agree with EIC recommendations9
Widen benefit/premium gap between Gold plan and Silver plan2
Base premiums on # of family members2
Discounts for not using the health plan2
Encourage more use of clinic2
Re-evaluate the need for the clinic2
Lower prescription drug copayments1
Reduce bariatric surgery benefit1
More training/education on cost of plan/how to best utilize the plan4
General Comments (19 comments*)
Good benefits attract & retain good employees7
Reward longevity2
If comparing benefits with other cities we also need to raise those where we are lacking2
Bring back Compensatory Time1
Add Maternity/Paternity Leave1
*Many of these comments are a summary of an employee group
1
Full Employee Comments Sick/Vacation Leave and Health Benefits
Sick Leave
Pay employees a percentage of their sick leave based on years of service when employee leaves.
The City of Denton sick leave policy provides absolutely no incentive to employees to stay well
or not use up all of their sick leave before they terminate. It sends the wrong message to
employees.
Non Civil Service Sick Benefits: Option 2
Sick accrual Change Option 2
I believe adopting additional sick time whose balance remains uncompensated at
retirement/departure will result in additional use it or lose it practices among non-police/fire
employees.
I think a flat-rate plan is more efficient to administer than a graduated plan. I vote for option 2
because operationally I think it is better choice. And if the goal is to attract better employees by
offering more in terms of sick-time benefits (to better compete with those other Cities), than I
Prefer current vacation and sick policies do not change. However, 7 of the 10 cities surveyed
paid out some sick.
Sick Leave- Option 2, but there needs to be a payout of some sick based on years of service.
Sick Accrual Change Options option 1
The EIC rep polled the group and Option 1 (24 in favor of) was preferred over Option 2 (16 in
favor of).
Option 1 for sick leave, with payout of accrued hours upon separation for employees with more
than 5 years of service.
The sick time payout is an incentive for employees to use good judgement on how much time
they use.
Why was adding a payout for sick time not considered when 6 out of the other 10 city have
some sort of payout for sick time
Our limit on sick time is 720 hours when 9 out of the 10 other cities surveyed have either a
higher accrual limit (2 cities) or no limit at all on sick time accrual (7 cities). Why are we not
falling in line with the majority of other cities surveyed and eliminating a sick time accrual cap?
People generally like to have a large number of hours banked in case something catastrophic
happens to them. This does not mean the city has to pay all of those hours when a person
leaves the city.
r any sick time,
Many of the North Texas municipalities polled offered some sort of cash-out upon termination
of accrued sick leave.
Most of the North Texas municipalities polled did not have a cap on the number of hours that
could be accrued for sick time.
toward the mean of North Texas cities, then it seems reasonable that a sick-leave cash-out
option for long term employees and the elimination or at least increasing the present 720 hour
sick leave accrual cap would both be part of the policy-making discussion.
2
Option 2 for sick leave with payout of accrued hours upon separation for employees with more
than 5 years of service.
Start new employees at a 96 hrs of sick , then increase and cap at 120
Look into some sick payout
Start employees off with 96 hours, then increase 4 hours per year until 120 hours are reach and
cap off at that point. Starting with new employees, lower the maximum amount of sick time one
can accrue.
Sick leave:
o 96 hours up to 5 years of employment
o 120 hours over 5 years
o
Regarding the Sick Leave, Option 1 with a modification that new employees would not accrue
sick leave until 6 months of being hired.
Vacation Leave
On vacation options-Comment need to grandfather in employees that currently have the
maximum amount of vacation hours and pay them for any difference if one of the new plans
takes effect- these are valuable long term employees that deserve this benefit.
Prefer Option 1-leave the maximum at 320 hours. As a long term employee, prefer Grandfather
Option B- to be paid out for any vacation time that exceeds the maximum yearly amount.
Vacation Benefits: Option 2
Carry-over and payout: Option 3
Vacation Benefits Change Option 2
Vacation Carryover & Payout Change Option 3
I would like those of us carrying the current 320 hours of vacation to either be grandfathered in
at that number or paid out versus required to take extensive time out to reduce our hours.
I prefer Option 1 under Vacation Benefits. This option would probably have little-to-no impact
on morale and turnover. I think most employees have the 20 year time frame in their
heads. This is in line with how long most of us expect to be working before we collect
retirement (and maybe move on to a new job). Of course some of us will stay beyond that, but
acation here or there will make much difference.
Option 2 under Vacation Benefits encourages turnover in my opinion. There are enough Cities
in the Metroplex that grant extra vacation time after 5 years, not 10. Couple this with a
negative work environment here (for some) and better pay elsewhere (for some), and turnover
will probably increase. Turnover comes with its own costs (sometimes as much as 200% of the
It would be cheaper to just leave the benefits as they are than to go down
that road.
Vacation payout - Grandfathering existing employees (Option 1.A) is always a good idea versus
taking something away from existing employees. Let new employees come in under the new
rules. As existing employees leave the organization the old
out. Morale is unaffected. Turnover is unaffected. The City starts to see savings as soon as one
existing employee leaves and a new employee is hired on. It just compounds after that until the
old system is gone.
Please do not reduce our vacation benefits.
Vacation Accrual: Option 2 with no change in carryover
Vacation Carry-Over and Payout: Option 1 but grandfather in existing employees
Vacation Accrual Change Options option 1
3
Vacation Carry-Over and Payout Change Options option 1A
The EIC rep polled the group and Option 1 was preferred (11 in favor of). Most were in favor of
Option 1A, Grandfather existing employees at 320 and 240 on future employees for vacation
carryover
The EIC rep polled the group and Option 3 was preferred (29 in favor of)
No change to monthly accrual, and carryover, agree to a 20 year cap.
Option 1 for vacation changes, with a cap of 200 hr.
Option 1A, Grandfather existing employees at 320 and 240 on future employees for vacation
carryover.
When looking at reducing vacation time, was the number of holidays other cities receive
considered? Some cities may give less vacation time but more holidays.
Was an option of changing the bonus ours accrued after 5 years from 4 hours to 3 hours
discussed?
I personally do not mind reducing the total number of vacation hours paid out by the city upon
separation. So long as the total accrual is not reduced.
The bonus time that we pay to keep seasoned, loyal employees to serve our citizens here in
Denton should be kept.
If there has to be a cap on number of vacation hours allotted annually, then make it 200 hours.
The number of hours of vacation carry-over was not a big concern, 240 hours a year maximum
carry-over seems reasonable.
Option 1 for vacation changes, with a cap of 200 hr.
Option 3 on vacation carryover.
Start new employees at the same vacation as of now, but do not add bonus 4 hrs until they are
vested at 5 yrs. Then continue to add bonus hours until 25 yrs and cap at 200 hrs vac.
Possibly look into vacation payout earlier in career at a lower cost than when they retire at a
higher payout cost
Grandfather existing employees in with the current policy.
Offer Vacation Buy-Back - Lower the maximum amount accrued and that can be saved as well as
allow employees to cash out some of their vacation time. Most companies allow a max of 1-2
weeks per year to be cashed out if not taken. This saves money in the long run because they will
get the time paid out at their current pay (which is often lower than it would be in the future). It
also prevents employees from saving up so much time, as many people would like to have the
cash in hand now.
Start employees at a lower rate - Start new employees with 2 weeks paid vacation for year 1,
earning 4 hours each year until 5 years where they bump to 3 weeks. Employees then earn an
additional 4 hours per year until 10 years, when they bump up to 4 weeks. Employees then earn
4 hours more per year until 20 years, where they max out at 5 weeks. Graphically demonstrated
below:
4
Years of Employment Vacation Hours Earned
1 80
2 84
3 88
4 92
5 120
6 124
7 128
8 132
9 136
10 160
11 164
12 168
13 172
14 176
15 180
16 184
17 188
18 192
19 196
20 + 200
Vacations:
o 2 weeks up to 5 years
o 3 weeks 5 to 15 years
o 4 weeks 15-20 years
o 5 weeks over 20 years
Use Option 1 for carry overs and payouts and grandfather in existing employees and start new
vacation and sick with new hires October 1, 2017
Regarding Vacation Time, Option 1 with a modification that new employees (new physical year)
would not accrue vacation time until 6 months of being hired. Current employees would be
grandfathered in.
Option 3 on carryover hours seems very logical based on the # of employees outlined.
5
Health Plan Changes
Specific to
lowering our benefits through higher employee contributions and higher deductibles will not
lead to better health outcomes but we never see anything related to how anything the city does
in health care benefits, policy, and activities that leads to better health outcomes. If the City
wants more buy-in to improve our health outcomes then let employees see/interact with more
of what is happening in employee health. Knowledge is empowerment. The only thing we do get
to see is punitive strategies for all based on actions of a few. So, for example, now that they are
charging for Clinic no-shows has the no-
choose to try strategies that were positive reinforcement instead of punitive that would have
also reduced no-shows? It feels like they did not choose the second options because they are
problem focused and do not hold employees in high-esteem.
If the proposed changes keep the premiums down, then they may be acceptable.
The Employee and Family plan comparisons needs to take into account the $50/month addition
if the spouse is offered insurance.
Be in favor of the Sliver Plan increasing in price if the following items are addressed to be
consistent with the other cities surveyed.
o A decrease in Out of Pocket Maximums
o Adding Out of Network Benefits back
o Decreasing the copayments of physician, specialist, urgent care and ER
o Removing the RX deductible
We agree with the insurance changes that were most favored by the EIC Committee, PCP/SPC
Co-Pay increase and deductible increase for Tier2 & Tier 3 prescriptions.
I think there needs to be a more drastic difference between the Gold & Silver plans. Many
employees choose Silver to lessen the amounts taken from their checks in hope to not have to
much difference between the two, why have two options? Suggested Options:
o Premiums: Increase Gold 5% & Silver 10%
o Co-Pays: Gold: $25/$40
Silver: $35/$55
o ER: Gold: $350
Silver: $450
o Co-Insurance: Gold: 85%/80%
Silver: 75%/70%
o Deductibles: Gold: $1000/$2000
Silver: $2000/$3250
I use the health clinic for myself and my children whenever possible. It allows me convenience,
should be ANY charges for any reason regarding this clinic. Its purpose was not to make money,
but to save money. I do wish they would issue more shots in the office and not always prescribe
pills (to have to go to the pharmacy) when possible.
If you want to cut costs, do away with the Health Clinic, the paper says it costs $1million.
Look at what it costs to run the Health Clinic and compare the cost to what it saves in insurance
savings to see if it is still viable.
rather give prescriptions, than a shot to help get you well quicker.
6
The Healthies Incentive Program has become a joke, it takes way too much time to enter
everything you have to now, so most people I have talked to in our department do not do it
anymore.
Why do we need two different plans (Gold and Silver) when they are not all that different, either
widen the gap between the two or only offer one.
The Water Meter Shop is on board with the four options for health insurance benefits increases,
but express a short term fix.
We agree with the insurance changes that were most favored by the EIC Committee, PCP/SPC
Co-Pay increase and deductible increase for Tier2& Tier 3 prescriptions
Premiums should be based on number of family members on the plans such as Employee only,
E+1, E+2, E+3, etc.
take away benefits that make Denton shine above other cities?
The preference is to have the copays/deductible amounts increased rather than an across the
board increase in insurance premiums to cover the projected 2018 short-fall of funding.
The EIC insurance changes favored were the PCP/SCP copay increase and the Tier 2 & Tier3
prescription deductible increase in order to help achieve the 6% reduction.
If there are
living increase too. As it stands for some employees our annual salary review/increase is only
enough to cover the cost of the annual insurance increase(s). I think i
remember a lot of employees (new and current) consider the benefits package, salary, distance
and cost of living before accepting/leaving positions with the City of Denton.
Increase the Prescription Drug Annual Deductible
Increase Emergency Room Copayment
Increase Copays
are employees who have our health plan and have not had a claim for years, however they are
paying health insurance for their family as a precaution.
Do not increase premiums
Personally, I think our co-pays for medications are too high. Most of my generics cost the exact
pre
effects from the generic and need this specific brand for one, I am denied coverage at all and am
having to seek coupons from the manufacturer. I again have to file outside of insurance to save
money. I think our insurance is not as good as most private companies, though I am not sure
how it compares to other cities exactly. I just got on it a month ago and am seriously regretting
something that really benefits me. The cost of one prescription is so high without any coverage
from our plan that I can afford to lose my healthy incentive discount I would have next year and
$90 (which I have paid $4 per month for this med with both Aetna and BCBS), I still come out
saving money to get off of our plan.
Insurance:
o Gold Plan:
Ee only-$110.00
Ee-Spouse-$242.00
Ee+child up to 2-$308.00
Ee + children 3 or more-$374.00
7
Ee+Family up to 2 children-$448.00
Ee+Family up to 3 or more children-$514.00
o Silver Plan
Ee only-$42.00
Ee+Spouse-$138.00
Ee+child up to 2-$170.00
Ec+child 3 or more-$236.00
Ee+Family up to 2 children-$248.00
Ee+Family 3 or more children-$294.00
Reduce benefits for Bariatric Surgery and instead have employee use nutrition and fitness
coaches
Increase drug deductible from $50.00 to $75.00
Set up a required HR class for all employees to attend throughout the year that covers our costs
another provider referred to by your physician or our clinic until you have UHC confirm they are
in-network or have Compass check or who to contact for assistance; what after hours doctor
facilities are our best cost savings and their locations and hours; etc. Any topic that can save
employees and the City money.
Or send an email out to all employees covering the above topics so we can have this information
saved on our phones when something does arise at night or on the weekend.
Or a wallet sized card to carry with our insurance card that lists phone numbers for Compass or
the clinics around town that offer the most cost effective services and lowest co-pays.
o Increase the Prescription Drug Annual Deductible
o Increase Emergency Room Copayment
o Increase Copays
If this plan does goes in affect, HR can provide a training class to educate our employees on
when to use the ER and how to locate in network physicians and specialist.
here
are employees who have our health plan and have not had a claim for years, however they are
paying health insurance for their family as a precaution.
General
The City of Denton attracts exemplary employees partly due to their benefit. As a recently rated
non-exempt employee I have lost the ability to gain discretionary time. Pair this fact with the
possibility of reducing vacation days effects my moral negatively.
Preference on vacation/sick benefits would be no change at all but if a change has to be made
the option should promote longevity. There are benefits to having employees staying
committed to the City of Denton which include enhanced experience and knowledge of
As we have seen recently, when there is a constant
turnover in employees, City staff and the citizens have to deal with learning curves, additional
hiring and training costs, and policy/procedural changes. Public service is not known for
competitive pay when compared to the private sector but the City can make up the void by
offering good benefits and therefore, allow us to compete with other cities, public entities, and
the private sector.
8
As a hardworking, dedicated person with a strong work ethic the idea of adding extra sick hours
and reducing vacation hours sends a mixed message that degrades the principal of a strong
work ethic and a job well done.
If the goal is to save money then a graduated increase for sick and vacation in 5 year increments
(0-4, 5-9, 10-
Is the
making changes that promote good health and reward individuals by considering a percentage
of the sick benefits to be paid out upon separation. This would work well with a graduated plan
and could still save money.
In general, I would like to advocate that any decisions are based on how the change is an asset
to the City and to the employee rather than how employees will take advantage of the benefit.
Cost savings cannot be the only consideration. 1. If adjustments are made to bring us in
alignment with other Cities benefits then that should be equitable across both benefit.
reduce vacation and then not increase sick leave. 2. If there must be a change, I would prefer
that it be grandfathered option so that you are not removing benefits from existing employees
who are already committed to the organization regardless of current tenure.
I am not trying to lump everyone into the same perceptions and I am aware that this
assumption would not apply to all but right or wrong my perception is that there are too many
people in that room making decisions based on the assumptions of the worst of employees
rather than seeing the best of employees with a commitment to supporting and honoring
employee contribution. Honestly, it feels like some important leaders have forgotten that their
role is build up the workforce, make us better: better performers, better leaders, better
employees, better in service to our clients, the citizens.
I think current staff should be Grand-fathered in on any changes made to leave benefits. A lot of
people accepted the position with the City of Denton due the benefit package that was offered
at the time of their start date. I understand the need for adjustments in insurance premiums,
documents. We have a lot of staff members that are uncertain of the future they may have with
the City of Denton due to all the current changes taking place, I do know that a lot of these
time of unrest and I think throwing this in the mix may be too much at one time.
In looking at the vacation and sick time accrual, carryover, and payout options from the ten
other cities here are my observations;
thth
1) Denton has the best accrual, 4 best carryover and we are tied for 5 best payout programs
when it comes to vacation.
thth
2) Denton has the worst (tied for 10) accrual, 10 best carryover and we are tied for worst
(with three other cities) for payout program when it comes to sick.
To achieve what the council has stated as the goal in this study, to bring Denton to an average of
thth
these other cities we would have to be between the 5 and 6 ranked cities in each
category. Taking an average of what each city offers is not a true average because of the wide
difference between the cities at the bottom, who choose to be there, and the top performing
cities, who also choose to be where they are.
VACATION-
9
Accrual #5 is Irving who has a graduated plan from 96 to 176 hours depending on years
of service.
Carryover #5 is Lewisville who has a graduated plan from 160, 240, or 320 hours
depending on years of service.
Payout #5 is Grand Prairie who allow up 320 hours as does Denton.
SICK-
Accrual #5 is a tie from #2-#7 (Arlington, Grand Prairie, Irving, Lewisville, Mesquite and
Plano) each with 120 hours.
Carryover #5 is a tie from #1-#7 (Carrollton, Frisco, Grand Prairie, Irving, McKinney,
Mesquite and Plano) each with no limit.
Payout #5 is Mesquite who has a graduated plan of 0-3 yrs none, 3-5 yrs 1/3 of unused,
5-6yrs 2 /3 of unused and 6+yrs up to 90 days or 720hrs.
If the council truly wants to ensure our benefits are better aligned with other DFW metroplex
cities this would be what needs to be done. I am sure that some employees would be upset,
others would be indifferent and still others would be happy.
As you can see this would cost the city
more $ in payout and actually not save any hard $ with the reduction in vacation hrs accrued.
Take that just a little further, and if the council would like to make Denton a true Leader among
DFW Metroplex Cities, move these benefits into the top 3 in each category (top 25%). This
wants to continue to attract and retain the best employees in the future. This would also be a
cost but should also be viewed as an offset in production. It is proven if you have a happy work
force you gain productivity through employees taking less time off, improved morale, more
attention to detail, and safer work habits. The biggest increase that I think the council would
see is in each e
in morale.
relax and unwind.
But if the council is actually only worried about the bottom line and cutting costs and all we as
employees have to choose from is the options sent out by the EIC, I would choose Option #2 of
the Vacation Benefits Change Options/ Option #3 of the Vacation Carry-Over and Payout Change
Options with Option A Grandfather Existing Employees and implement the change October 1,
2017. The easiest and less controversial option is to leave them as they are.
When considering changes to vacation time, did the committee ask if the other cities on the list
cities do, which may be why they have less vacation accrual. For example, Garland allows
accrual of 90 hours of comp time for nonexempt employees and 160 hours for exempt
employees. Some City of Denton employees have to work over 40 hours per week due to the
nature of their jobs, staff shortages, a special project or event, weather event, etc, or regularly
e
ple who have time
accumulated such at the 320/720 and those hours depleted due to a new policy is terrible for
morale and disrespectful to employees who have worked extremely hard and count on those
10
hours in case of a life crisis, medical emergency, etc. I understand the need for policy changes,
but I think strong consideration should be given to long term employees who have accumulated
those hours in their bank, to not remove hours earned.
I am sending this email in concern to the newly proposed health care, vacation, and sick plans. I
have currently been with the City of Denton three and a half years. I really enjoy working for the
city as well as working with all the current city employees. I left my current job in 2013 to come
to the City of Denton strictly because of the great benefits the city had to offer. Since I have
been here, the health insurance has went up in some form or fashion every year. I completely
ically
enough to change our rates every year? As for comparing Denton to all the other cities listed in
I have heard is how the City of Denton
strives to be the best and offer the best for their employees among all the other surrounding
cities. I think there are plenty of other areas among the city that they can cut cost from, rather
than cutting it from their own people. As for the vacation and sick time, is there a city wide
problem with the way it is now? If they want to talk about other towns, it is clearly shown in the
comparisons of the other cities that there are some drastic changes from town to t
clear that the majority of the other cities pay their employees for their accrued sick time when
they leave. I did not see that in any of these proposals to get on the same playing field as the
other towns. There are a lot of questions that I
as well. It is shown that Denton has better benefits than most in the majority of areas. There
are some that clearly have better benefits
the precedent and uphold the reputation of being a city that everyone around would love to
work for?
Leave everything as is, the sick increase will result in employees using sick in lieu of the vacation
that is lost.
The benefit package is what lures potential employees to work for the City of Denton, we have
hard time filling jobs with the current marketplace and economy already.
I had a little round table with my team this morning and we find these options unacceptable. If
you are looking for average employees then you have average benefits. Denton has always tried
to be a leader of cities and now we are wanting to go back to average?
live with it for now. But, it really disturbs me that bonus vacation time will be capped at 25
unfunded liability
munici
some well-
more money. Or, as I suspect is the case, the council wants senior employees to just go ahead
of their employees. You get what you pay for.
Minimal to no changes to be made to Vacation/ Sick
Grandfather in existing options before making changes to Vacation/Sick
Start offering some sort of maternity/paternity leave
Full Email from one employee:
Scott, I have several concerns about the Council looking into changing our benefits. With this being said I
do realize some change is coming but I just hope the Council will take into consideration that every
11
employee that works for the City of Denton is a person not just a number. Here is a little bit about
myself:
Years of Service: 28 years
Born and raised: Denton TX
High School: Denton High
City of Denton both as an employee and citizen, some good, some not so good. Here are a couple of
questions for the Council before they make their decisions on our benefits.
1. As a Denton Citizen and Employee I would like for Denton to be a leader not a follower among
Cities, is the Council ok with Denton just being average?
2. As a supervisor I am responsible for hiring, the positions I hire in most cases are very technical
positions are competitive but not above market. So I need these benefits as a selling point to get
good quality personnel. Finding technical technicians is very difficult now, if we just have
average benefits then hiring just got more difficult. I would think the Council would want the
best possible employee we could get, not just an average Joe?
3. The Potential Benefit Change Talking Points states that the four (4) changes generate
$1,025,914 in potential savings. I would like to know what this potential savings would go to,
just curious?
4. Anytime you take benefits away from the work force you affect the morale of that work force.
Since these possible changes have come to light I know my team has been affected, and not in a
positive way. There are even a couple mentioned bringing in a Union,
heard that talk before.
5. When looking at the different options on Vacation and Sick, it does look like we get more
vacation then most but not as much sick. I would rather my guys get more vacation for one
simple reason, SAFETY! What I mean by this, Substations is very busy(and so are all the other
departments), I want my guys to be able to take off and relax, rest, clear their heads, spend time
with their families, then come back and be focused and work SAFE! This job is very demanding
on each team member, they need and deserve their down time. If you take vacation away and
increase sick time, this could create another problem, some might take off sick when vacation is
really what they should be using. Council just keep in mind these team members need their
down time for themselves, other team members and most important their families.
6. If the Ad Hoc Committee wants to better align our benefits with those offered by other cities
pay for any Sick when you leave but 7 out of 11 Cities do pay for Sick time. So where in the
Options does it say what the City of Denton plan to pay for Sick?
7.
have. If we can afford better insurance for the employees then they should have it. Again lets be
a leader among Cities!
I have always bragged on working for the City of Denton and one major reason has always been the
benefits. I do appreciate all that the City of Denton has done for its employees over the years, I just
12
Comparison of Current versus Proposed Vacation Accrual, Including Bonus Time, by Years of Service
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Denton Current
Proposed
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1201200
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184180-4
188180-8
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Denton Current
Proposed
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bonus time)(including bonus Hours Lost
1801800
1801800
1801800
1801800
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1861860
1921920
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2042040
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2342340
2402400
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2702700
276270-6
282270-12
288270-18
294270-24
300270-30
306270-36
312270-42
318270-48
324270-54
330270-60
336270-66
342270-72
348270-78
354270-84
360270-90
35 - 36366270-96
36- 37372270-102
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1121,Version:1
AGENDA CAPTION
Receiveareport,holdadiscussion,andgivestaffdirectionregardingacompressednaturalgas(CNG)fueling
facility at the intersection of Mayhill Road and Spencer Road.
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215 E. McKinney Street
Denton, Texas
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_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Solid Waste & Recycling Department
CM/ DCM/ ACM: Mario Canizares
DATE: August 22, 2017
SUBJECT
Receive a report, hold a discussion, and give staff direction regarding a compressed natural gas (CNG)
fueling facility at the intersection of Mayhill Road and Spencer Road.
BACKGROUND
During the last several weeks, staff members in the Solid Waste Department have evaluated financial
impacts of the department’s investments into compressed natural gas (CNG). As previously reported to the
City Council, differences in market prices between diesel and CNG have narrowed substantially, and fuel
cost savings associated with CNG no longer cover the costs of converting refuse vehicles to CNG
(approximately $40,000 each). The fuel cost associated with the mobile fueling platform that currently
provides fuel for these vehicles is also not sustainable. Staff recommends taking immediate action to reduce
further negative financial impacts.
Staff presented various options to address CNG fueling costs for the existing fleet to the City Council on
July 25, 2017. During this meeting, the Council directed staff to determine the availability and possible use
of local CNG fuel stations. If a local source was not available, staff was directed to pursue the proposed
CNG fueling station for City of Denton use only. Staff conducted additional research and found that there
is a potential local CNG fueling option for a fueling facility that is currently under consideration. However,
the timing of the construction and configuration of this fueling station is uncertain at this point, and it is
possible that this station may not be built at all. Staff performed analyses under the assumption that the
station would be available soon at the proposed location, which is approximately 20 miles round trip from
Solid Waste operations at Mayhill Road. Considering the current fleet of CNG vehicles, the time it would
take to fully age out these vehicles, vehicle depreciation and fuel usage associated with the additional travel
miles, and additional staff time, this option would cost approximately $3,208,154. This option has a higher
degree of uncertainty, is substantially more expensive, and contains additional elements of risk such as
transit time delays when compared to the proposed option of completing construction of the CNG fueling
station at Mayhill for City of Denton use only.
Staff presented these findings to the Public Utility Board (PUB) on August 14, 2017 and requested a
recommendation. The PUB recommended completing construction of the CNG fueling facility for City of
Denton use (5-0).
RECOMMENDATION
Staff recommends completing construction of the CNG fueling facility for City of Denton use only.
ESTIMATED SCHEDULE OF PROJECT
If construction of the CNG fuel facility moves forward, staff estimates construction will be completed
within a six month period.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
October 22, 2012 – PUB discussion regarding CNG
November 5, 2012 – City Council discussion regarding CNG
April 15, 2014 – Awarded a mobile fueling contract to Ultimate CNG
January 6, 2015 – First amendment to the contract with Ultimate CNG
November 9, 2015 – Second amendment to the contract with Ultimate CNG
August 22, 2016 – Awarded Zeit Energy a contract for CNG fuel facility construction
July 24, 2017 – PUB discussion regarding CNG
July 25, 2017 – City Council discussion regarding CNG
August 14, 2017 – PUB discussion regarding CNG
FISCAL INFORMATION
The construction of the CNG fuel facility will be funded from the Solid Waste Department’s capital
improvement program (CIP). The purchase of natural gas and additional operational expenses will be
funded from the department’s operating fund.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Sustainable & Environmental Stewardship
Related Goal: 2.5 Develop Capital Improvement Program (CIP) based on community
needs
EXHIBITS
1. Agenda Information Sheet
2. Presentation
Respectfully submitted:
Ethan Cox, 349-7421
Director of Solid Waste
Station
2017
22,
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City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-990,Version:1
AGENDA CAPTION
Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086.
Receivecompetitivepublicpowercompetitiveinformationandfinancialinformationfromstaffregardingthe
proposedFY2017-2018operatingbudgetforDentonMunicipalElectric(ÐDMEÑ)includingwithout
limitation,proposedratesforDMEforFY2017-2018,expectedrevenues,expenses,commodityvolumes,and
financial commitments of DME; discuss, deliberate and provide staff with direction.
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www.cityofdenton.com
Legislation Text
File #:ID 17-1099,Version:1
AGENDA CAPTION
ConsultwithAttorneys-UnderTexasGovernmentCodeSection551.071;DeliberationsregardingReal
Property - Under Texas Government Code Section 551.072.
ConsultwithandprovidedirectiontoCity’sattorneysregardinglegalissuesandlegalstrategiesassociatedwith
thepossibleaccess,occupationand/oruseoftheCity’srightofwayforfiberand/orfiberconduitbyZayo
Group,LLC,includingpossibleaccess,occupation,and/oruseoftheCity’srightofwaypursuanttoan
ExchangeAgreementwiththeDentonIndependentSchoolDistrictandtheCountyofDenton,Texaseffective
July28,2015;apublicdiscussionoftheselegalissuesandlegalstrategieswouldconflictwiththedutyofthe
City’sattorneystotheCityCouncilundertheTexasDisciplinaryRulesofProfessionalConductoftheState
Bar of Texas.
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Legislation Text
File #:ID 17-559,Version:1
Agenda Caption
Consider nominations/appointments to the City’s Economic Development Partnership Board.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Economic Development
CM/ DCM/ ACM: Bryan Langley
DATE: August 22, 2017
SUBJECT
BACKGROUND
The City Council appointed a Nominating Committee at the July 18, 2017, meeting that was charged with
recommending nominees to the Economic Development Partnership Board (EDPB). Nominating
Committee members are Councilmembers Sara Bagheri and Gerard Hudspeth and Chamber member Joey
Hawkins.
EDPB members serve two-year terms and may serve as many as three terms. The ordinance requires that
the members fall into specific categories when they are appointed to the Board (see chart below). The City
Manager, the President of the Chamber of Commerce, and the DISD Superintendent serve as ex-officio
members and have no defined terms of service.
Member Category Term Expires
Cleve Breedlove, Chair Aviation 2017 (ineligible)
Marty Rivers, Vice Chair Chamber of Commerce 2018
Larry Parker Chamber of Commerce 2017 (ineligible)
OPEN City Council 2017
OPEN City Council 2018 (unexpired term)
Steve Edgar Top 20 Taxpayer 2018
Jim Fykes Top 20 Taxpayer 2017 (eligible)
Neal Smatresk* UNT President 2018
Carine Feyten* TWU Chancellor/President 2018
John Baines Denton Black Chamber of 2017 (eligible)
Commerce
Jimmy Mejia Denton Hispanic Chamber of 2018
Commerce
Carrell Ann Simmons At Large 2018
*Under Ordinances 2015-074 and 2016-249, the President of UNT and the Chancellor/President of TWU
or his/her designee is not restricted to the three-term limit. However, such member must be reappointed by
the City Council for each term.
The Nominating Committee offers the following slate of nominees to the City Council:
Bob Eames, Aviation
Jill Jester, Chamber of Commerce
Keely Briggs, City Council
Gerard Hudspeth, City Council
Jim Fykes, Top 20 Taxpayer
John Baines, Denton Black Chamber of Commerce
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
July 18, 2017 Council adopted the EDPB Ordinance 2017-203.
July 18, 2017 Council selected the EDPB Nominating Committee.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.1 Develop targeted policies and incentives to achieve desired
economic growth
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Presentation
Respectfully submitted:
Caroline Booth
Director of Economic Development
Board Appointments
Economic Development Aug. 22, 2017
Economic Development Partnership
Caroline Booth
Consider nominations to the Economic Development Partnership Board (EDPB)
5
/
Objective:
2
years; members can serve up to three terms
-
large
-
2 each City Council, Chamber of Commerce Board of Directors, and top 20 taxpayers in the City of Denton1 UNT1 TWU1 Denton Black Chamber of Commerce1 Denton Hispanic Chamber of Commerce1
aviation1 at
EDPB is appointed by Council and serves as a recommending bodyMembers fall into specific categories:Terms are two
5
/
Background
3
2 Council members1 Chamber member
Council appoints a nominating committee willingness to serve and compiles slate of nomineesSlate is presented to Council for a vote
5
/
Nominating Process
4
Commerce
City Council
Council
City
, Aviation
Jester, Chamber of
Bob EamesJill Keely Briggs, Gerard Hudspeth, Jim Fykes, Top 20 Taxpayer John Baines, Denton Black Chamber of Commerce
/ 5
Nominees
5
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0001d,Version:1
AGENDA CAPTION
ConductthesecondoftworeadingsandconsideradoptionofanordinanceoftheCityofDentonvoluntarily
annexingapproximately118.041acresofland,generallylocatednorthofMcKinneyStreetandwestofTrinity
Road;providingforacorrectiontothecitymaptoincludetheannexedlands;providingforasavingsclause
and an effective date.
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215 E. McKinney Street
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www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: August 22, 2017
SUBJECT
Conduct the second of two readings and consider adoption of an ordinance of the City of Denton voluntarily
annexing approximately 118.041 acres of land, generally located north of McKinney Street and west of
Trinity Road; providing for a correction to the city map to include the annexed lands; providing for a savings
clause and an effective date.
BACKGROUND
The 118.041 acres of land was originally owned by three separate entities. In March 2017, the properties
were purchased and brought under a single ownership. The applicant, Brent Murphree, on behalf of the
property owner, The Woodlands on McKinney St, LLC, has submitted an annexation application to
voluntarily annex the subject property.
In December 2016, the applicant held a Pre-Development Meeting (PDM) with the City’s Development
Review Committee to discuss development of the site as a manufactured housing development. As part of
the PDM, the applicant was informed that the proposed development would violate the terms of non-
annexation agreements (NAAs) associated with the 118.041 acres of land and would trigger immediate
voluntary annexation.
In addition to an annexation application, the applicant also submitted a zoning application to facilitate the
proposed manufactured housing development. The property owner is requesting to zone the property
Neighborhood Residential 6 (NR-6) District. This request is currently under review and will be brought
forward after the subject property is annexed into the city. The NR-6 District permits manufactured housing
developments with an approved Specific Use Permit (SUP) and meets the density requirement proposed by
the applicant. It is anticipated that the applicant will be submitting an SUP application for review soon.
The tentative schedule for this annexation is as follows:
stnd
May 23, 2017 - City Council meeting setting the 1 and 2 public hearing dates and authorizing the
publication of notice of the public hearings - Complete
st
June 13, 2017 - 1 Public Hearing - Complete
nd
June 20, 2017 - 2 Public Hearing - Complete
July 18, 2017 - First Reading of the Annexation Ordinance - Complete
August 22, 2017 - Second Reading and Adoption of the Annexation Ordinance
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Development Review Committee recommends approval of this request.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
April 6, 2010, City Council adopted a 3-Year Annexation Plan for DH-12.
August 16, 2011, City Council approved a service plan for DH-12.
December 18, 2012, the City Council approved an NAA for the subject property through August 1, 2020.
stnd
May 23, 2017, the City Council adopted an ordinance setting the 1 and 2 public hearing dates and
authorizing the publication of notice of the public hearings.
June 13, 2017, the City Council held the first of two required public hearings for annexation of the subject
property.
June 20, 2017, the City Council held the second of two required public hearings for annexation of the
subject property.
July 18, 2017, the City Council conducted the first of two readings of the annexation ordinance.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Draft Ordinance
5. Presentation
Respectfully submitted:
Munal Mauladad
Director of Development Services
Prepared by:
Ron Menguita, AICP
Long Range Planning Administrator
A17-0001
Site Location
426
"
)
03106201,240
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 4/6/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0001
Zoning
NRMU-12
NR-6
RD-5X
OIL
NR-2
NR-4
ETJ
NR-1
NR-3
NRMU
IC-G
426
"
)
03006001,200
Feet
SITEETJNR-4
µ
IC-GNR-6
Parcels
NR-1NRMU
Roads
NR-2NRMU-12
NR-3RD-5X
Date: 5/5/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0001
Planning Division
The Woodlands of McKinney Street
Ron Menguita –Development Services August 22, 2017
of two
second
Conduct the readings and consider adoption of an ordinance of the City of Denton voluntarily annexing approximately 118.041 acres of land, generally located north of McKinney Street
and west of Trinity Road.
2 / 5
Request
Non-annexation Agreement (NAA)Manufactured Housing DevelopmentInitial ZoningSpecific Use Permit
3 / 5
Proposed Development
Public Hearing
Public Hearing
stnd
June 13, 2017 -1June 20, 2017 -2July 18, 2017 -First Reading of the Annexation OrdinanceAugust 22, 2017 -Second Reading and Adoption of the Annexation Ordinance
4 / 5
Annexation Schedule
An ordinance of the City of Denton annexing approximately 118.041 acres of land, generally located north of McKinney Street and west of Trinity Road, more specifically described in Exhibit
A and illustrated in Exhibit B; providing for a correction to the city map to include the annexed lands; providing for a savings clause and an effective date.
5 / 5
Ordinance
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:A17-0004d,Version:1
AGENDA CAPTION
ConductthesecondoftworeadingsandconsideradoptionofanordinanceoftheCityofDentonforan
involuntaryannexationofapproximately6.71acresofland,generallylocatednorthofBrushCreekRoadand
east of Fort Worth Drive by the City of Denton, Texas; providing for a savings clause and an effective date.
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www.cityofdenton.com
AGENDA INFORMATION SHEET
DEPARTMENT: Department of Development Services
CM: Todd Hileman
DATE: August 22, 2017
SUBJECT
Conduct the second of two readings and consider adoption of an ordinance of the City of Denton for an
involuntary annexation of approximately 6.71 acres of land, generally located north of Brush Creek Road
and east of Fort Worth Drive by the City of Denton, Texas; providing for a savings clause and an effective
date.
BACKGROUND
At the February 7, 2017 meeting, the City Council directed staff to pursue annexation of a 6.71 acretract
of land generally located north of Brush Creek Road and east of Fort Worth Drive. The subject property is
part of a larger site, in total approximately an 18 acre site, of which the remaining portion of the site
(approximately 11 acres) is already located within the City of Denton. The property owner is proposing a
commercial and multi-family development on the entire 18 acre site. The portion of the site currently within
the City limits is zoned Neighborhood Residential 1 (NR-1) District, in which neither one of the proposed
developments by the property owner is permitted. Therefore, the existing portion of the site within the City
would have to be rezoned and the proposed 6.71-acre annexed property would have to be zoned. Based on
the Future Land Use Map, the area is designated as Neighborhood Mixed Use.
On March 7, 2017, the property owner was sent a certified letter notifying of the City intent to annexthe
remaining 6.71 acre tract of property because the proposed development meets the Citys criteria for
annexation. The proposed development:
will require connection to City public services;
is within the City Certificate of Convenience and Necessity boundary for water, sewer, and electric
services;
is partially in the City limits and in the CityTJ; and
will have a significant impact upon the City in terms of service costs, increased traffic, and utility
needs.
In reviewing the proposed annexation, staff considered the following:
1. The ability of the city to provide infrastructure and public services equal to other comparableareas
inside the city limits.
Water service for this site would require extension of an 8-inch main along Brush Creek Road
to applic southwest property corner (approximately 550 feet). An extension of gravity
wastewater service to this site would be required.
DME has a main line circuit US 377 (Fort Worth Drive) right-of-way near the property.
Solid Waste will add this property to existing routes.
Policing of the subject site would comply with required response times.
2. The reliability, capacity, and future public cost, if any, of current and planned provisions for
community facilities, including but not limited to roads, drainage, and utilities.
The terms of the needed improvements/upgrades will be determined upon platting and permitting
and funding will be the responsibility of the developer.
3. The need and quality of land use and building controls.
The annexation of the subject property into the city will enable the use of development and design
standards in the Denton Development Code (DDC), minimizing the impacts of the proposed
commercial and multifamily development on adjacent neighborhoods.
4. Conformance with the Land Use Element of the Citycomprehensive plan.
The subject property is located in the transition area between the area designated as Neighborhood
Mixed Use (along Fort Worth Drive), and the area designated as Rural Areas (located in theETJ).
The proposed mixed use development with both commercial and multifamily componentscomplies
with this designation.
5. Impact on the City, both current and long range, including at a minimum.
Anticipated impacts to the City will be minimal as noted in Items 1 to 3, above.
6. The property meets the minimum requirements for annexation in accordance with state law.
The property complies with all minimum requirements for annexation as set forth by the Texas Local
Government Code as stated in Chapter 43, Subchapter C-1, Annexation Procedure for Areas
Exempted from Municipal Annexation Plan.
The property owner did not respond to the City annexation notification and as a result, Staff initiated the
involuntary annexation proceedings in accordance with state law. After continued effort to contactthe
property owner, Staff met with the property owner to discuss the annexation process. The property owner
stated that he is not in favor of the annexation.
The tentative schedule for this annexation is as follows:
st nd
May 23, 2017 - City Council meeting setting the 1and 2public hearing dates and authorizing the
publication of notice of the public hearings - Complete
st
June 13, 2017 1Public Hearing - Complete
nd
June 20, 2017 2Public Hearing - Complete
July 18, 2017 First Reading of the Annexation Ordinance - Complete
July 19, 2017 Publication of the Annexation Ordinance in the newspaper - Complete
August 22, 2017 - Second Reading and Adoption of the Annexation Ordinance
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
February 7, 2017, the City Council directed staff to pursue annexation of the subject.
st nd
May 23, 2017, the City Council approved the 1and 2public hearing dates and authorized the
publication of notice of the public hearings
June 13, 2017, the City Council held the first of two required public hearings for the annexation of the
subject property.
June 20, 2017, the City Council held the second of two required public hearings for the annexation of the
subject property.
July 18, 2017, the City Council held the first of two readings of the annexation ordinance.
STRATEGIC PLAN RELATIONSHIP
The City of De Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundations of the plan are the five long-term Key Focus Areas (KFA): Organizational Excellence,
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Economic Development
Related Goal: 3.4 Encourage development, redevelopment, recruitment, and
retention
EXHIBITS
1. Agenda Information Sheet
2. Location Map
3. Zoning Map
4. Draft Ordinance
5. Staff Presentation
Respectfully submitted:
Munal Mauladad
Director of Development Services
Prepared by:
Cindy Jackson, AICP
Senior Planner
A17-0004
Location Map
ALLRED
BRUSH CREEK
0125250500
Feet
SITECOD
µ
ETJ
Parcels
NAA 8/1/20
Roads
Date: 5/2/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
A17-0004
Zoning Map
RD-5X
ALLRED
NRMU
NR-6
ETJ
NR-1
BRUSH CREEK
NR-2
0125250500
Feet
SITEETJNR-6COD
µ
NR-1NRMUETJ
Parcels
NR-2RD-5XNAA 8/1/20
Roads
Date: 5/2/2017
The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather
for reference purposes. These maps are the property of
the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate
information possible. No warranties, expressed or
implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.
0004
-
A17
Mixed Use Property
Development Services August 22, 2017 Planning Division
-
Ron Menguita
of two
second
Conduct the readings and consider adoption of an ordinance of the City of Denton involuntarily annexing approximately 6.71 acres of land, generally located north of Brush Creek Road
and east of Fort Worth Drive.
2 / 5
Request
family residential, retail,
-
Mixed Use DevelopmentMultirestaurant, and officeInitial ZoningZoning Change
Proposed Development 3 / 5
Public Hearing
Public Hearing
Second Reading and Adoption of the
stnd
-
12
First Reading of the Annexation Ordinance
--
-
2017
2017 2017
2017
June 13, June 20, July 18, August 22, Annexation Ordinance
Annexation Schedule
4 / 5
providing for
and
.
An ordinance of the city of Denton, Texas, annexing approximately 6.71 acres of land, generally located north of Brush Creek Road and east of Fort Worth Drive by the city of Denton,
Texas, more specifically described in illustrated in a correction to the city map to include the annexed lands; providing for a savings clause and an effective date
Ordinance
5 / 5
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1131,Version:1
AGENDA CAPTION
Consider approval of a resolution by the City of Denton, Texas, approving the grant application for ÐDenton -
Specialized Regional Response Teams SustainmentÑ project for fiscal year 2016 to the Office of the Governor;
authorizing the City Manager or his agents official authority over this project; declaring an effective date; and
requiring delivery of the Resolution to the Office of the Governor; and providing an effective date.
City of DentonPage 1 of 1Printed on 8/18/2017
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: Fire
CM/ DCM/ ACM: Todd Hileman
DATE: August 22, 2017
SUBJECT
Specialized
Authorizing the City Manager or his agents official authority over this project; Declaring an effective
date; and requiring delivery of the Resolution to the Office of the Governor; and providing an effective
date.
BACKGROUND
The State Homeland Security Program (SHSP) grant is appropriated by the Department of Homeland
Security and is designed to enhance the ability of local governments to prevent, protect against, respond to,
and recover from terrorist attacks and other disasters. The Office of the Governor (OOG) allocates funding
member of the Urban Area Security In
for this program.
Hazardous Materials Response team and is 100 percent funded by the grant. The grant project has been pre-
authorized by the OOG pending final approval upon passage of the resolution.
RECOMMENDATION
City staff recommends approval of the resolution to participate in the grant program
ESTIMATED SCHEDULE OF PROJECT
The State deadline for the completion of the grant project is 8/31/2018.
FISCAL INFORMATION
The total grant award for this project is $130,000, requiring no local match.
STRATEGIC PLAN RELATIONSHIP
-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Safe, Liveable & Family-Friendly Community
Related Goal: 4.1 Enhance public safety in the community
EXHIBITS
Exhibit 1 Agenda Information Sheet
Exhibit 2 Resolution
Respectfully submitted:
Robin Paulsgrove
Fire Chief
Prepared by:
Chad Weldon
Deputy Fire Marshal
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1137,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton adopting and approving a design manual in
accordance with Chapter. 284, Deployment of Network Nodes in Public Right-of-Way, Tex. Local Gov’t code;
and providing an effective date.
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City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Mario Canizares
DATE: August 22, 2017
SUBJECT
Consider adoption of an ordinance of the City of Denton adopting and approving a design manual in
accordance with Chapter. 284, Deployment of Network Nodes in Public Right-of-Way, Tex. Local Gov’t
code; and providing an effective date.
BACKGROUND
th
In the 85 Legislative Session, the Texas Legislature passed and Governor Abbott signed into law, Senate
Bill 1004 (small cellular antennas or nodes). The new law goes into effect statewide on September 1, 2017.
It is also a mandate for cities on the requirements and methodology to allow wireless telecommunication
companies to install small cellular nodes on new and existing utility poles within the City’s right-of-way.
The new law erodes the City’s ability to manage its right-of-way by establishing the maximum fees cities
can charge, the timing in which permits must be reviewed and approved, and prohibits the ability to deny
requests or place moratoriums on additional device installations.
According to the cellular industry the nodes are necessary as consumers continue to migrate towards solely
using cellular communications in their homes and businesses. To that end, the need for additional coverage
is necessary due to public demand. This is also a strategy for the telecom industry as it begins to rollout the
new 5G technology.
Based on the impending timing of the new law, cities across the state are working to establish the requisite
ordinances, design manuals, application forms, and internal review processes to be in compliance by
September 1.
The following are highlights of the new law:
Mandates that network nodes and their support poles to be installed in the City’s right-of-way
o Includes the use of existing utility poles, traffic signal poles, and the installation of new
poles
o Restricts the installation of nodes on existing decorative poles
o Allows for some restrictions in historic and design districts (i.e. install decorative poles,
reasonable design and concealment restrictions)
o Sets height at a 55-foot maximum
Establishes permit requirements
o Generally required for a node, support pole, and transfer facility
o Up to 30 network nodes are allowed per permit
o Prohibits cities from issuing permits for routine maintenance, replacing or upgrading the
existing node
Establishes time line (shot clock) on City’s permit approval process and Telecom’s installation
o Network node permit request: 30 days for the City to determine completeness; 60 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Node support pole permit: 30 days for the City to determine completeness; 150 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Transfer facility: 10 days for the City to determine completeness; 21 days to approve or
deny, and if not acted upon in this timeframe the permit is granted
o If a permit is denied for being incomplete the applicant may resubmit a completed
application within 30 days; the City has 90 days to act on resubmitted applications
Establishes the fee structure:
Network Nodes:
o Application fee: $500 for up to five network nodes, $250 for each addition network node
on a permit
o Annual node site rental rate: $250 per node site, annual CPI adjustment is allowed
Node Support Poles:
o Application fee: $1,000 each pole
o Annual pole rental rate: $250 per pole site
Defines the restriction of node and pole installations by zoning districts
o Municipal parks that meet certain criteria
o Residential areas that meet certain criteria
o Historical districts that meet certain criteria
o Design districts that meet certain criteria
Allows for cities to establish a design manual
o The adopted design manual would establish the City’s design guidelines regarding the
aesthetics of the nodes, the support poles, the nodes enclosure, and the camouflaging of the
electrical supply
Several City departments have been working together over the last several weeks to determine the best
course of action. Based on the recommendations of staff a series of ordinances have been drafted to guide
the implementation of this new legislation. This includes the fee ordinance, design manual and its
enabling ordinance, service pole license agreement, and municipality owned utility license agreement and
its enabling ordinance.
OPTIONS
This new law is an unfunded mandate established by the Texas Legislature and is set to go into effect
September 1, 2017. Unfortunately, there are minimal options available to consider.
RECOMMENDATION
Consider approval of several ordinance related to SB 1004:
Fee ordinance,
Design manual and its enabling ordinance;
Service pole license agreement;
Municipality owned utility license agreement and its enabling ordinance
ESTIMATED SCHEDULE OF PROJECT
Not applicable for this item
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The information related to SB 1004 has been discussed and reviewed in work session for input with the
following City Boards and Commissions:
Planning & Zoning Commission: August 9, 2017
Public Utility Board: August 14, 2017
Historical Landmark Committee: August 14, 2017
FISCAL INFORMATION
At this early stage of the implementation for Senate Bill 1004 it is difficult to calculate the fiscal impact to
the City. The fees are set by the new state law. The revenues generated and expenditures incurred are all
contingent on the number of applications made by the cellular provider.
BID INFORMATION
Not applicable for this item.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Ordinance & Design manual
3. SB 1004 legislation
4. PowerPoint presentation
Respectfully submitted:
Mario Canizares
Assistant City Manager
CITY OF DENTON, TEXAS
WIRELESS SERVICES (SMALL CELL/DAS) DESIGN MANUAL
A.General Provisions.
1. Applicability.
a.The provisions of this ordinance apply to any sitings, installations, and
collocations in, on, over, or under the Public Rights-of-Way of Network Nodes, Node
Support Poles, Micro Network Nodes, Distributed Antenna Systems, Transport Facilities,
microwave communications, or other Wireless Facilities, by whatever nomenclature,
whether they are installed pursuant to Tex. Loc. Gov't Code Chapter 284, or pursuant to an
agreement with the City, or installed as may otherwise be allowed by law.
b.Providers shall comply with all Applicable Codes of the City pertaining to
the occupancy and use of Public Right-of-Way, unless such provisions conflict with this
Ordinance, in which case this Ordinance prevails.
c.Providers shall adhere to the requirements found in this ordinance for the
placement of their facilities within the Public Right-of-Way.
d.Any and all facilities selected for the installation of Provider’s Wireless
Facilities shall not be considered “personal wireless service facilities” as that term is
defined at 47 U.S.C. §332(c)(7)(C)(ii), or a “base station” as that term is defined at 47 CFR
§ 24.5. The limitations applicable to local governments with regard to the placement,
construction, and Modification of “personal wireless service facilities” under 47 U.S.C. §
332(c)(7)(B) shall not apply to the City with regard to Locations selected for Wireless
Facilities in the Public Right-of-Way. Nor shall any federal regulations limiting the
authority of local governments with regard to the placement, construction, and
Modification of “base stations” apply to the City with regard to Wireless Facilities located
in the Public Right-of-Way.
2. Definitions. The following words, terms and phrases, when used in this Ordinance,
shall have the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Abandon and its derivatives shall mean, with regard to Wireless Facilities and Transport Facilities,
and all supporting equipment installed in the City’s Public Right-of-Way (including by way of example but
not limited to: Poles, wires, conduits, manholes, handholes, cuts, Network Nodes, Node Support Poles,
Ground Equipment, or any portion thereof) that have been left by a Provider in an unused or non-functioning
condition for more than 120 consecutive Days unless, after notice to Provider, Provider has established to
the reasonable satisfaction of the City that the applicable facility, or portion thereof, is still in active use.
Affiliate shall mean each person or entity that falls into one or more of the following categories: (a)
a person or entity having, directly or indirectly, a controlling interest in a Provider; (b) a person or entity in
which Provider has, directly or indirectly, a controlling interest; or (c) a person or entity that directly or
indirectly is controlled by a third party that also directly or indirectly controls a Provider.
Antenna shall mean communications equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of Wireless Services.
Page1 of 34
Applicable Codes shall mean (i) all applicable City of Denton Code of Ordinances provisions,
Denton Development Code provisions, policies, and guidelines; (ii) all applicable engineering and safety
standards governing the installation, maintenance and operation of facilities and the performance of all
work in or around Public Right-of-Way and includes the most current versions of the National Electric
Safety Code (“NESC”), the National Electrical Code (“NEC”), the Texas Health and Safety Code, Chapter
752, the rules and regulations of the Occupational Safety and Health Act (“OSHA”); and (iii) any applicable
lawful rules, requirements or orders now in effect or hereafter issued by the City or other authority having
jurisdiction.
Cityshall mean the City of Denton, a Texas home-rule municipal corporation.
Concealment or Camouflage shall mean any Wireless Facility or Pole that is covered, blended,
painted, disguised, camouflaged, or otherwise concealed such that it blends into the surrounding
environment and is visually unobtrusive. A Concealed or Camouflaged Wireless Facility or Pole includes
any Wireless Facility or Pole approved by the City as conforming to the surrounding area in which the
Wireless Facility or Pole is located and may include, but is not limited to, a Wireless Facility or Pole that
is hidden beneath a facade, blended with surrounding area design, painted to match the supporting area, or
disguised with artificial tree branches.
Chapter 284 and Ch. 284, Tex. Local Gov’t Code shall mean Texas Local Government Code,
Chapter 284, and as amended.
CollocateandCollocation shall mean the installation, mounting, maintenance, modification,
operation, or replacement of Network Nodes in the Public Right-of-Way on or adjacent to a Pole.
Communication Space shall mean that space of the MOU Pole containing cable attachments,
telecommunication attachments, and other communication cables and equipment. The Communication
Space begins no less than forty inches (40”) below the electric neutral.
Communication Workers Safety Zone shall mean the safety zone or “neutral” space on an MOU
Pole between the lowest electrical supply conductor or equipment and the highest communication cables
or equipment. The Communication Workers Safety Zone space begins no less than forty inches (40”) below
the electric neutral.
Days shall mean calendar days unless otherwise specified.
Decorative Pole shall mean any Streetlight Pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than specially designed informational or
directional signage or temporary holiday or special event attachments, have been placed or are permitted to
be placed according to Applicable Codes.
Denton Municipal Electric orDMEshall mean the City’s municipally owned electric utility.
Design District shall mean an area that is zoned or otherwise designated by the City, and for which
the City maintains and enforces unique design and aesthetic standards.
Disaster emergency, or disaster, or emergency shall mean an imminent, impending, or actual
natural or human-induced situation wherein the health, safety, or welfare of the residents of the City is
threatened, and includes, but is not limited to, any declaration of emergency by the City, state, or federal
governmental authorities.
Distributed Antenna System or DAS shall mean a type of Network Node.
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Easement shall mean and shall include any public easement or other compatible use created by
dedication, or by other means, to the City for public utility purposes, or any other purpose whatsoever.
Easement shall include a private easement used for the provision of utilities.
Electric Supply Zone shall mean that space of an MOU Pole reserved for electric supply facilities.
TheElectric Supply Zone may include separate facilities operating at different voltages; for safety reasons,
the highest voltages are located uppermost on the MOU Pole. Only Qualified Electrical Workers are
allowed to in or above the Electric Supply Zone.
Ground Equipment shall mean any part of a Wireless Facility or associated equipment that is
located on the surface of the ground and, if included in an approved Permit application or otherwise
approved by the City in writing, an incidental structure to support the Wireless Facility.
Highway Right-of-Way shall mean right-of-way adjacent to a state or federal highway.
Historic District means an area that is zoned or otherwise designated as a historic district under
Applicable Codes, state or federal law.
License Agreement shall mean the Chapter 284 Municipally Owned Utility Pole Wireless Network
Node Collocation Agreement or the Chapter 284 Service Pole Wireless Network Node Collocation
Agreement.
Location shall mean the City-approved and lawfully permitted location for the Network Node or
Node Support Pole.
Macro Tower shall mean a guyed or self-supported pole or monopole greater than the height
parameters prescribed by Chapter 284 and that supports or is capable of supporting antennas.
Micro Network Node shall mean a Network Node that is not larger in dimension than 24 inches in
length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than
11 inches.
Modification or Modify shall mean any work in the Public Right-of-Way, or alteration of a Wireless
Facility that is not substantially similar in size or is a change in the Wireless Facility’s location in the Public
Right-of-Way or its physical position on the Pole, except those alterations or changes that are excepted
from requiring a Permit under Chapter 284, which do not constitute Modifications hereunder.
Municipal Park shall mean an area that is zoned or otherwise designated by City ordinance or has
been dedicated to the City for use as a public park for the purpose of recreational activity.
Municipally-Owned Utility Pole or MOU Pole shall mean a Utility Pole owned by the City and
operated by its municipally-owned electric utility, as defined by Tex. Util. Code, § 11.003, and located in
the Public Right-of-Way.
Network Node shall mean equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term:
(1) includes:
(a) equipment associated with wireless communications;
(b) a radio transceiver, an antenna, a battery-only backup power supply, and
comparable equipment, regardless of technological configuration; and
Page3 of 34
(c) coaxial or fiber-optic cable that is immediately adjacent to and directly
associated with a particular collocation; and
(2) does not include:
(a) an electric generator;
(b) a pole; or
(c) a Macro Tower.
Network Provider shall mean:
(1) a Wireless Service provider; or
(2) 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:
(a) Network Nodes; or
(b) Node Support Poles or any other structure that supports or is capable of supporting
a Network Node.
Node Support Pole shall mean a pole installed by a Network Provider for the primary purpose of
supporting a Network Node.
Permit shall mean the City’s written authorization for the use of Public Right-of-Way or collocation
on a Pole for a Network Provider to perform an action or initiate, continue, or complete a project pursuant
to the requirements of this Ordinance. A Permit shall include an excavation permit.
Pole shall mean a Service Pole, Municipally-Owned Utility Pole, Node Support Pole, or Utility
Pole.
Pole-Top Zone shall mean the space located at the top of the MOU Pole above the Electric Supply
Zone of the MOU Pole.
Post-Installation Inspection shall mean the inspection of an MOU Pole to determine and verify the
Make-Ready Wireless Construction, and all other Make-Ready work, including the installation of the
permitted attachment was made in accordance with the generally applicable engineering standards,
Applicable Codes, Design Manual, and all other requirements of the Permit.
Pre-Permit Survey shall mean all work or operations required by Applicable Codes or the City to
determine whether the proposed location of a Network Node has the structural and spatial ability to
accommodate Network Nodes and related equipment. Such work includes, but is not limited to, field
inspection, loading calculations, and administrative processing. The Pre-Permit Survey shall be coordinated
with the City and include the Provider’s professional engineer.
Private Easement shall mean an Easement or other real property right that is only for the benefit of
the grantor and grantee and their successors and assigns.
Provider has the same meaning as “Network Provider.”
Page4 of 34
Public Right-of-Way or Right-of-Way shall mean the area on, below, or above a public roadway,
highway, Street, public sidewalk, alley, waterway, or utility easement in which the City has an interest. The
term does not include:
(1) a Private Easement; or
(2) the airwaves above a Public Right-of-Way with regard to wireless
telecommunications.
Qualified Electrical Worker shall mean specially trained lineman with the skillset to work with and
around electrical wires in or above the Electric Supply Space. A Qualified Electrical Worker must possess
a Journeyman Lineman or higher card through a United States Department of Labor approved Lineman
Apprentice program.
Safety Briefing shall mean a document or presentation materials prepared by a Provider and
provided to DME regarding how to work safely near and/or around the Provider’sWireless Facilities. A
Safety Briefing must be submitted with a Pre-Certification Equipment Form and pre-approved by the City
electric department before distributing or otherwise making available to City electric department employees
or contractors.
Site License shall mean a DME map document authorizing a Provider’s non-exclusive right of
attachment and ongoing use of specific MOU Poles or Streetlight Pole.
Stub Pole shall mean an MOU Pole that has had a portion of its upper structure removed so that
only a limited amount remains in place. This is usually done when an electric utility has removed its
facilities in the Electric Supply Zone but telecommunication facilities remain on the pole.
Supply Cable shall mean the jacketed multiple conductor that provides electric energy to a load.
Supply Space shall mean Electric Supply Zone.
Topped-Off Pole shall mean Stub Pole.
School shall mean an educational institution that offers a course of instruction for students in one
or more grades from kindergarten through grade 12.
Service Pole shall mean a pole, other than a Municipally Owned Utility Pole, owned or operated
by the City and located in a Public Right-of-Way, including:
(1) a pole that supports traffic control functions;
(2) a structure for signage;
(3) a Pole that supports lighting, other than a Decorative Pole; and
(4) a pole or similar structure owned or operated by the City and supporting only Network
Nodes.
Small Cell is included as a type of Network Node.
Street shall mean only the paved portion of the Public Right-of-Way used for vehicular travel, being
the area between the back of the street curb to the back of the opposite street curb, or the area between the
two parallel edges of the paved roadway for vehicular travel where there is no curb. A Street is generally
part of, but smaller in width than the width of, the entire Right-of-Way. A Right-of-Way may include
Page5 of 34
sidewalks and public utilities, but a Street does not. A Street does not include the sidewalk, if present at the
time of a permit application or if added later.
Streetlight Pole shall mean any standard-design concrete, fiberglass, metal, or wooden pole used
for street lighting purposes, owned or operated by the City, that is capable of supporting Network Nodes.
TAS shall mean Texas Accessibility Standards.
Traffic Control Device shall mean all signs, signals, markings, or devices placed or erected by the
City or a public body having jurisdiction for the purpose of regulating, warning, or guiding traffic.
Traffic Signal shall means any device, whether manually, electrically, or mechanically operated by
which traffic is alternately directed to stop and to proceed.
Transport Facility shall mean 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.
Underground Utility District shall mean an area where poles, overhead wires, and associated
overhead or above-ground structures have been removed and buried, or have been approved for burial
underground pursuant to City ordinances, City zoning regulations, state law, private deed restrictions, and
other public or private restrictions, that prohibit installing above-ground structures in a Public Right-of-
Way.
Utility Pole shall mean a pole that provides:
(1) electric distribution with a voltage rating of not more than 34.5 kilovolts; or
(2) services of a telecommunications provider, as defined by Section 51.002, Utilities Code.
Wireless Service shall mean 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 shall mean a person or entity that provides Wireless Service to the public.
Wireless Facilities shall mean Micro Network Nodes, Network Nodes, and Node Support Poles, as
defined herein and in Chapter 284.
B.Applications and Permitting.
A.Access to Public Right-of-Way.
a.Subject to the provisions of this ordinance, the City will issue a Permits to
Providers authorizing Providers to install and maintain Wireless Facilities and Transport
Facilities in or on Public Right-of-Way in accordance with Chapter 284. The locations at
which Provider’s Wireless Facilities and Transport Facilities may be permitted, and the
size and appearance of such Wireless Facilities, shall be determined in accordance with
this ordinance. Provisions concerning construction and activities in the Public Right-of-
Way in Chapter 6 shall also be applicable to Providers' activities in the Public Right-of-
Way. If the requested Location is to Collocate a Network Node on a Service Pole,
Municipally Owned Utility Pole, or Utility Pole, Provider must also, prior to making
application for such Location, enter into a License Agreement with the City for such
Collocation.
Page6 of 34
b.The City will issue a Permit(s) to Provider only when the City reasonably
determines, in its sole judgment, that (i) Provider meets all requirements set forth in this
ordinance, and (ii) such Permit(s) comply with all Applicable Codes.
c.No use, however lengthy, of any of Public Right-of-Way, and no payment
of any fees or charges required under this ordinance, shall create or vest in Provider any
easement or other ownership or property right of any nature in any portion of the Public
Right-of-Way. After issuance of any Permit, Provider shall be and remain a mere licensee.
Neither this ordinance, nor any Permit granted under this ordinance, shall constitute an
assignment of any of the City’s rights to the Public Right-of-Way.
d.No part of Provider’s Wireless Facilities or Transport Facilities or other
equipment constructed, Modified, or erected, or placed on Public Right-of-Way will
become, or be considered by the City as being affixed to or a part of, the Public Right-of-
Way. All portions of Provider’s Wireless Facilities and Transport Facilities and other
equipment constructed, Modified, erected, or placed by Provider on Public Right-of-Way
will be and remain the property of Provider and may be removed by Provider at any time.
e.Nothing in this ordinance or in a Permit granted hereunder shall be
construed as granting Provider any right to attach Provider’s Wireless Facilities or
Transport Facilities at any specific location or facility or to compel the City to grant
Provider the right to attach at any specific location or facility.
f.This ordinance does not in any way limit the City’s right to locate, operate,
maintain or remove Service Poles, MOU Poles, or other City equipment or property in the
manner that the City deems appropriate.
g.Provider is obligated to obtain all necessary certification, permitting, and
franchising from federal, state and local authorities, if required, prior to making any
installations of Wireless Facilities or Transport Facilities.
h.Nothing in this ordinance shall be construed to require the City to install,
retain, extend, or maintain any Service Poles, MOU Poles, or other City equipment or
property for use by the Provider when such Service Poles, MOU Poles, or other City
equipment or property are not needed for the City’s own requirements.
i.Nothing in this ordinance shall limit, restrict, or prohibit the City from
fulfilling any agreement or arrangement regarding a Service Pole, MOU Pole, or other City
equipment or property into which the City has previously entered, or may enter in the
future, with other entities, including, but not limited to, agreements or arrangements for the
removal of Wireless Facilities.
j.Nothing in this ordinance or in any Permit granted hereunder shall be
construed to grant Provider the authority to lease, grant, or otherwise assign any rights
under its Permit to any other party without the written consent of the City.
k.In the event the City determines to deny the use by Provider of any
particular Service Poles, MOU Poles, or other City equipment or property or any particular
location in the Public Right-of-Way, such denial shall not be construed to be a prohibition
on, or to have the effect of prohibiting, the provision of Wireless Services. Any such denial
Page7 of 34
by the City shall be undertaken in its capacity as proprietor of the Public Right-of-Way,
and not in its regulatory capacity.
l.Any Permit granted under this ordinance is limited to the uses specifically
authorized in the Permit and any other use shall be considered a material breach of this
ordinance. Nothing in this ordinance or in any Permit granted hereunder shall be construed
to require the City to allow Provider to use the Public Right-of-Way after the termination
of the applicable Permit.
2. Fees and Charges.
a.Provider shall pay the City the following Permit application fees:
i.Network Nodes - An application fee in an amount as set forth in
the City’s fee ordinance for up to five (5) Network Nodes in each application, and
an additional amount as set forth in the City’s fee ordinance for each additional
Network Node in the application (a maximum of thirty (30) Network Nodes may
be included in each application).
ii.Node Support Poles - An application fee in an amount as set forth
in the City's fee ordinance for each pole.
iii.Transport Facility - An application fee in an amount as set forth
in the City's fee ordinance for up to five (5) Network Nodes in each application,
and an additional amount as set forth in the City’s Ch. 284 fee ordinance for each
additional Network Node in the application (a maximum of thirty (30) Network
Nodes may be included in each application).
b.Provider shall pay the City the following recurring fees:
i.Network Nodes - An annual Network Node site rental fee in an
amount as set forth in the City’s Ch. 284 fee ordinance per Network Node site,
with an annual adjustment as provided herein.
ii.Transport Facility - A monthly Transport Facility rental fee in an
amount as set forth in the City’s Ch. 284 fee ordinance for each Network Node
site, not to exceed the Provider’s monthly aggregate per-node compensation to the
City. The Network Provider bears the burden to establish that the entity paying the
City the Transport Facility rental is the same as, or an Affiliate of, the entity paying
the Network Node site rental rate.
iii.Collocation of Network Nodes on Service Poles and MOU Poles
- An annual fee in an amount as set forth in the City’s Ch. 284 fee ordinance per
Service Pole or MOU Pole.
iv.All recurring fees are payable in advance and are due upon
approval of the Permit(s) by the City; no Permit shall become effective until the
fee has been paid. Initial amounts shall be pro-rated, based upon an annual due
date of January 1 of each year.
(a) For example, a Network Node Permit approved by the
City in August shall be effective upon payment in advance by the Provider
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of 5/12 of the annual rental rate. Thereafter, all payments of annually-
recurring fees are due to the City by January 1 for the following calendar
year.
(b) For example, a Transport Facility Permit approved by the
City in August shall be effective upon payment by the Provider of five
months of the monthly rental amount. Thereafter, payments for twelve
months at a time are due to the City by January 1 for the following twelve
months.
v.Provider shall maintain and submit annually to the City with each
payment to the City, an inventory of Provider’s Network Nodes, Node Support
Poles, Node Support Poles connected by Transport Facilities, and Collocated
Network Nodes. This information shall include complete and accurate GIS
location information, maps, plans, equipment inventories, and other records related
to Provider’s Facilities. An inventory shall be effective from January 1 of each
year. The City reserves the right to compare the information contained on the
inventory to any actual field inspection or survey conducted mutually. In the event
that Provider fails to submit an inventory, Provider shall pay the City, in addition
to the monthly- or annually-recurring fees, all actual costs associated with the
City's performance of an inventory of Provider’s Facilities.
(a) If either Provider or the City subsequently discovers that
Provider has failed to pay the entire or correct amount of compensation
due, the correct amount shall be paid by Provider within thirty (30) Days
of such determination. Any overpayment to the City through error or
otherwise will, at the sole option of the City, either be refunded to Provider
by the City within thirty (30) Days of such determination or offset against
the next payment due from Provider. Acceptance by either Provider or the
City of any payment due under this section shall not be deemed to be a
waiver by either of any claim of violation of this ordinance, nor shall the
acceptance by either of any such payments preclude either from later
establishing that a larger amount was actually due or from collecting any
balance due. Nothing in this section shall be deemed a waiver by either
Provider or the City of its rights under law or equity.
(b) Interest on late payments shall be calculated in
accordance with the interest rate for customer deposits established by the
Public Utility Commission of Texas in accordance with the Texas Utilities
Code, Section 183.003, as amended for the time period involved.
(c) The compensation payable to the City hereunder shall not
be offset by any payment by Provider to the City relating to ad valorem
taxes.
vi.The Network Node site rental fee set forth herein shall be adjusted
on an annual basis, by an amount equal to one-half of the annual change, if any, in
the Consumer Price Index. For purposes of this section, Consumer Price Index
shall mean the annual revised Consumer Price Index for All Urban Consumers for
Texas, as published by the federal Bureau of Labor Statistics. The adjusted fee will
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be effective sixty (60) Days after the City provides notice to Providers of the new
rate.
vii.The recurring fees set forth herein shall be exclusive of, and in
addition to, all ad valorem taxes, special assessment for municipal improvements,
and other lawful obligations of the Provider to the City.
viii.When the City at its own expense has removed or remediated
Provider's Wireless Facilities or Transport Facilities or Provider is otherwise
required to reimburse the City hereunder, the Provider shall remit payment to the
City within 30 Days of the date of the invoice.
ix.Upon Provider’s termination of the use of any Service Pole, MOU
Pole, or Public Right-of-Way in accordance with the terms of a Permit and this
ordinance, and Provider peaceably surrendering the Service Pole, MOU Pole, or
Public Right-of-Way to the City in the same condition it was in on the date the
Permit(s) was granted, excepting ordinary wear and tear, there will be no
compensation due to the City by Provider for such location.
C.Installation in Right-of-Way.
1.General Requirements.
a.Wireless Facilities shall be concealed or enclosed as much as possible in
an equipment box, cabinet, or other unit that may include ventilation openings. External
cables and wires hanging off a Pole shall be sheathed or enclosed in a conduit, so that wires
are protected and not visible or are visually minimized to the extent possible.
b.Wireless Facilities must conform to the City’s aesthetic or design
standards for the proposed Location, if any, unless otherwise approved by the City.
c.Separation.
i.In order to minimize negative visual impact to the surrounding
area, the hazard of Poles adjacent to roadways, and the effect on property values,
the City may deny a Permit for a new Node Support Pole if the requested location
is within 45 linear feet of a Street intersection or 300 linear feet per block face of
existing Utility Pole or Node Support Pole.
ii.In residential zoning districts, Network Nodes and Node Support
Poles shall not be located without the City's written consent if the Public Right-of-
Way is adjacent to a Street or thoroughfare that is not more than 50 feet wide and
adjacent to single-family residential lots or other multi-family residences or
undeveloped land that is designated for residential use by zoning or deed
restrictions.
iii.In non-residential zoning districts, Wireless Facilities shall be
located between tenant spaces, storefront bays, or adjoining properties where their
shared property lines intersect the Public Right-of-Way.
d.Provider shall comply with and observe all applicable City, state, and
federal historic preservation laws and requirements.
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e.When a Permit is issued Provider shall install and maintain its Wireless
Facilities and Transport Facilities, and all Ground Equipment, in accordance with the
City’s requirements and specifications. All of Provider's Wireless Facilities, Transport
Facilities, and Ground Equipment must comply with all Applicable Codes.
f.Provider shall be responsible for the installation and maintenance of its
Wireless Facilities, Transport Facilities, and related Ground Equipment. Provider shall
install such facilities in a good and workmanlike manner and in accordance with the
requirements promulgated by the City, as such may be amended from time to time.
Provider’s work shall be subject to the regulation, control, and direction of the City. All
work done in connection with the installation, operation, maintenance, repair,
Modification, and/or replacement of the Wireless Facilities, Transport Facilities, and
related Ground Equipment shall be in compliance with all applicable City, state, and federal
laws, ordinances, codes, rules, and regulations.
g.Primary Use. The City shall not grant Permits to locate Wireless Facilities
on Service Poles or other City facilities or equipment that, in the City's sole determination,
will adversely impact the primary use of the Service Pole, MOU Pole, or other City facility
or equipment.
h.Visual Clutter. The City may not grant Permits to Wireless Facilities that,
in the City's sole determination, will contribute to visual clutter, taking into account the
proximity of existing Wireless Facilities and the surrounding land use. There shall not be
more than one Network Node on any one Pole, unless otherwise approved, in writing, by
the City.
i.Wireless Facilities and Ground Equipment shall not impede pedestrian or
vehicular traffic or render the Public Right-of-Way non-compliant with Applicable Codes,
including the Americans with Disabilities Act.
j.Height. All Network Node and Node Support Poles shall have a maximum
height of thirty-five (35) feet in residential zoning districts, if allowed, Historic Districts
and Design Districts. In all other districts, a Node Support Pole, modified Utility Pole,
Service Pole, or MOU Pole shall not exceed the height limitations of Chapter 284, Sec.
284.103.
2.Placement Preference.
a.General Guidelines on Placement. In accordance with Chapter 284, a
Network Provider shall construct and maintain Network Nodes and Node Support Poles in
a manner that does not:
i.Obstruct, impede, or hinder the usual travel or public safety on a
Public Right-of-Way;
ii.Obstruct the legal use of a Public Right-of-Way by other utility
providers;
iii.Violate nondiscriminatory Applicable Codes;
iv.Violate or conflict with the City's ordinances regulating the use
and occupancy of Public Rights-of-Way or this ordinance; or
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v.Violate the federal Americans with Disabilities Act of 1990 (42
U.S.C. Section 12101 et seq.).
b.Order for Installation. The order for installation of Network Node
attachments to existing facilities and new Node Support Poles is as follows:
i.Existing telephone or electric lines between existing Utility Poles,
including MOU Poles. Micro Network Nodes shall only be lashed on existing
telephone or electrical lines between existing Utility Poles (electric poles or
telephone poles), with notice to the pole owner as required by the Federal Pole
Attachment Act, and not placed on Utility Poles, Node Support Poles, Service
Poles, or MOU Poles.
ii.Existing Utility Poles (electric poles or telephone poles) shall be
the preferred support facility for Network Nodes and related ground equipment.
iii.Service Poles:
(a) Non-Decorative Poles with a height of more than 20 feet,
outside of Historic District and Design District.
(b) Wireless Facilities shall not be placed on Service Poles
supporting Traffic Control Devices, Traffic Signals, or any structure
supporting a Traffic Control Device or Traffic Signal, unless the City
determines that such installation will not interfere with the integrity of the
facility or the safety of the public. Any such installation allowed by the
City will be in accordance with a separate agreement with the City.
(c) Attachment to Service Poles used for street signage is
discouraged.
iv.New Node Support Poles shall be the least preferred type of
allowed facility for attachment of Network Nodes.
v.Ground Equipment shall be minimal and the least intrusive design
and placement as possible.
3.Historic District.
a.Areas within the City that have been, or shall be in the future, designated
by zoning or otherwise as Historic Districts, in which unique design and aesthetic standards
are maintained and enforced by the City. Providers shall comply with and observe all
applicable City, state, and federal historic preservation laws and requirements.
b.Wireless Facilities proposed within a Historic District shall be subject to
review by the City Engineer or designee in order to satisfy that the installations are
compatible with the regulations applicable to Historic District.
i.As a condition for approval of Permits for Network Nodes or Node
Support Poles in Historic Districts, the City shall require reasonable design or
Concealment measures for such facilities. Therefore, with any request for
installations in these areas, Provider shall include proposed Concealment measures
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in the Permit application. Thereafter, Provider shall implement the City-approved
design concepts, and the use of Camouflage or stealth materials as necessary in
order to achieve compliance with Historic District review, including following the
design guidelines for the City’s Historic Districts and other applicable regulations.
ii.Prior to submitting an application for a Permit for a Wireless
Facility in a Historic District, Provider shall meet with the City Engineer or
designee to discuss any potential design modifications appropriate for the
installation.
4.Design District.
a.Areas within the City that have been, or shall be in the future, designated
by zoning or otherwise as Design Districts, in which unique design and aesthetic standards
are maintained and enforced by the City. Providers shall comply with and observe all
applicable City, state, and federal historic preservation laws and requirements.
b.Wireless Facilities proposed within a Design District shall be subject to
review by the City Engineer or designee in order to satisfy that the installations are
compatible with the regulations applicable to Design District.
i.As a condition for approval of Permits for Network Nodes or Node
Support Poles in Design Districts, the City shall require reasonable design or
Concealment measures for such facilities. Therefore, with any request for
installations in these areas, Provider shall include proposed Concealment measures
in the Permit application. Thereafter, Provider shall implement the City-approved
design concepts, and the use of Camouflage or stealth materials as necessary in
order to achieve compliance with Design District review, including following the
design guidelines for the City’s Design Districts and other applicable regulations.
ii.Prior to submitting an application for a Permit for a Wireless
Facility in a Design District, Provider shall meet with the City Engineer or
designee to discuss any potential design modifications appropriate for the
installation.
5.School Zone Lights. Wireless Facilities will not be allowed at locations that
interfere with school zone flashing lights. The interference to be avoided is structural, radio
frequency, and visual.
6.Pedestrian Impacts.
a.The City shall not grant Permits for Wireless Facilities that, in the City’s
sole determination, will adversely impact pedestrian movement or will be in violation of
the Americans with Disabilities Act.
b.A minimum five (5) foot clear path of travel will be provided at all times.
c.Network Nodes on new or existing Poles must be installed at least eight
(8) feet above the ground.
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d.If the Network Node attachment is projecting toward the Street, it must be
installed no less than sixteen (16) feet above the ground for the safety and protection of the
public and vehicular traffic.
e.No protrusion from the outer circumference of the existing structure or
Pole shall be more than two (2) feet.
7.New Node Support Poles.
a.Node Support Poles shall be set back a minimum of twenty (20) feet from
a Traffic Signal Pole, and set back a minimum of fifteen (15) feet from any pedestrian
ramp. The City may require a greater setback from these and other fixtures in the Public
Right-of-Way to ensure proper sight lines for public safety purposes.
b.Node Support Poles and accessory equipment shall be located at least ten
(10) feet from a driveway and at least twelve (12) feet from the center of existing trees.
8.Decorative Poles.
a.Wireless Facilities proposed for Decorative Poles must be Camouflaged
so as to not adversely affect the appearance of such poles.
b.Prior to submitting an application for a Wireless Facility on a Decorative
Pole, Provider shall meet with the City Engineer or designee to discuss any potential design
modifications appropriate for the installation.
9.Residential Areas and Municipal Parks.
a.Providers shall not be allowed, without the written consent of the City, to
install a Network Node on an existing Pole in a Public Right-of-Way located in or adjacent
to a Street or thoroughfare that is:
i.Not more than fifty (50) feet wide, and
ii.Adjacent to single-family residential lots or other multi-
family residences or undeveloped land that is designated for residential use
by zoning or deed restrictions.
b.As a general rule, new Node Support Poles will not be permitted in a
Public Right-of-Way that is in a Municipal Park or that is adjacent to a Street or
thoroughfare that is described in section C.8.a. above.
c.The City may, but is not required to, issue a Permit for the installation of
a Network Node or Node Support Pole in areas described in this section on terms that are
discretionary and nondiscriminatory, and that have the effect of minimizing interference
with the aesthetic qualities of such areas, and that are in keeping with this ordinance.
d.If the City approves a Permit for the installation of Network Nodes or
Node Support Poles in the areas described this section, Provider remains under an
obligation to determine whether any private deed restrictions or other private restrictions
are in place in the area, and to comply with same.
10.Undergrounding Requirements.
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a.Areas within the City may be designated from time to time by the City as
Underground Utility Districts in accordance with filed plats, and/or in connection with the
conversion of overhead to underground areas, as may be allowed by law.
b.Provider will comply with nondiscriminatory undergrounding
requirements, including municipal ordinances, zoning regulations, state law, private deed
restrictions, and other public or private restrictions, that prohibit installing aboveground
structures in a Public Right-of-Way without first obtaining zoning or land use approval.
c.In Underground Utility Districts as established by the City, Provider shall
neither allow nor install Transport Facilities or any other overhead Facilities serving to
connect Provider's Network Nodes. In all areas where overhead telecommunications or
utility lines are, or are planned to be, buried below ground as part of a City project, all
Transport Facilities or any other Wireless Facilities serving to connect Provider's Network
Nodes, including ground equipment, shall also be buried below ground.
d.If a Permitted Location subsequently becomes part of an Underground
Utility District, Provider's Permit will be automatically revoked within 90 Days after such
designation, with removal of Provider's Micro Network Node, Network Node, Node
Support Pole, and related ground equipment at such location within 90 Days of such
designation, or as otherwise reasonably allowed by the City for the transition of overhead
facilities.
11.Electrical Supply. Provider shall be responsible for obtaining any required
electrical power service to the Wireless Facility. The City shall not be liable to the Provider for
stoppages or shortages of electrical power furnished to the Wireless Facility, including, without
limitation, stoppages or shortages caused by any act, omission, or requirement of the utility serving
the Wireless Facility or the act or omission of any other tenant or licensee of a City facility, or for
any other cause beyond the control of the City. Provider shall not be entitled to any abatement of
the Rental Fee for any such stoppage or shortage of electrical power.
12.Traffic Signals and Street Signage.
a.If allowed by the City, installations on Traffic Signals or Street Signage
must not interfere with the integrity of same or the safety of the public.
b.Any installation allowed by the City will be in accordance with a separate
agreement with the City.
c.Network Nodes installed on any Traffic Signal or Street Signage structures
shall be encased in a conduit separate from the Traffic Light or Street Signage elements,
have an electric power connection separate from the Traffic Signal or Street Signage
structure, and have an access point separate from the Traffic Signal or Street Signage
structure.
13.Generators. Generators or back-up generators shall not be installed in the Public
Right-of-Way. Permits granted to Provider for Network Nodes or Transport Facilities do not
include authorization for the installation of generators or back-up generators in the Public Right-
of-Way.
14.Ground Equipment.
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a.In addition to the size restrictions provided in Chapter 284, §
284.003(a)(4), Ground Equipment near Street corners and intersections should be minimal
and the least intrusive. Ground Equipment may not be installed within 250 feet of a Street
corner or a Street intersection. This set-back is for the purposes of minimizing any
obstruction, impediment, or hindrance to vehicular traffic and public safety, maximizing
line-of-sight in order to protect the safety of vehicular and pedestrian traffic at Street
corners and intersections, and thereby minimizing hazards at those locations.
b.Ground Equipment near Municipal Parks. For the safety of Municipal Park
patrons, particularly small children, and to allow full line-of-sight near Municipal Park
property, the Network Provider shall not install Ground Equipment in a Public Right-of-
Way that is within a Municipal Park or within 250 feet of the boundary line of a Municipal
Park, unless approved by the City in writing.
c.Ground Equipment density. In order to enhance the safety requirements of
line-of-sight of pedestrians, particularly small children, the City may deny a request for a
proposed Location for Ground Equipment where existing Ground Equipment within 300
feet of the proposed Location, already occupies a footprint of 25 square feet, or more.
15.Equipment Dimensions. With each application and with each request for a Permit,
and for each requested Location, Provider shall provide detailed drawings with calculations to show
strict conformity to the size limitations as set forth herein and in Chapter 284 for Micro Network
Nodes, Network Nodes, and Node Support Poles.
16.Non-interference.
a.To the extent not inconsistent with Chapter 284, Provider’s Network
Nodes shall not cause harmful interference to the City's public service radio frequency,
wireless network, SCADA operations, or communications operations (“City Operations”),
or to third-parties’ Network Nodes or similar third-party equipment in the Public Right-of-
Way or adjacent City property (“Protected Equipment”). If Provider's Network Node
interferes with City Operations, then Provider shall immediately cease operation of the
Network Node causing said interference upon receiving notice from the City and refrain
from operating until Provider has eliminated the interference. If after notice Provider
continues to operate a Network Node that causes interference with City Operations, such
Network Node may be deemed unauthorized and subject to the remediation and
termination provisions of this Ordinance. If Provider's Network Node interferes with
Protected Equipment, then Provider shall take the steps necessary to correct and eliminate
such interference within 24 hours of receipt of notice from the City. If Provider is unable
to resolve the interference issue within this timeframe, it will voluntarily power down the
Network Node causing the interference, except for intermittent testing until such time as
the interference is remedied.
b.Following installation or Modification of a Network Node, the City may
require Provider to test the Network Node's radio frequency and other functions to confirm
that it does not interfere with City Operations or Protected Equipment. If, after notice,
Provider continues to operate a Wireless Facility that causes interference with City
Operations, such Wireless Facility may be deemed unauthorized and subject to the
provisions of this Ordinance.
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17.Tree Maintenance. Provider and its contractors and agents shall obtain written
permission from the City before trimming trees hanging over its Wireless Facilities and Transport
Facilities to prevent branches of such trees from contacting same. When directed by the City,
Provider shall trim under the supervision and direction of the City Engineer or designee. The City
shall not be liable for any damages, injuries, or claims arising from the Provider's actions under this
section.
18.Signage. Provider shall post its name, location identifying information, and
emergency telephone number in an area on the Wireless Facility or Ground Equipment that is
visible to the public. Corporate logos are prohibited as signage. Signage required under this section
shall not exceed 4 inches by 6 inches, unless otherwise required by law (e.g., RF ground notification
signs), or the City. Except as required by law, Provider shall not post any other signage or
advertising on the Pole, the Wireless Facility, or any Ground Equipment cabinet or back-up battery.
Signage must be updated by the Provider within 90 Days of a company name change of the
Provider.
19.Repair. Whenever the installation, placement, attachment, repair, Modification,
removal, operation, use, or relocation of the Wireless Facility or Transport Facility, or any portion
thereof is required or permitted under this ordinance, and such installation, placement, attachment,
repair, Modification, removal, operation, use, or relocation causes any Service Pole, and City
facility or equipment, or any portion of the Public Right-of-Way, to be damaged or to have been
altered in such a manner as to make it unusable, unsafe, or in violation of any Laws, Provider, at
its sole cost and expense, shall promptly repair and return such Service Pole, City facility or
equipment, or Public Right-of-Way to its original condition. If Provider does not perform such
work as described in this paragraph, then the City shall have the option, upon 15 Days’ prior written
notice to Provider or immediately if there is an imminent danger to the public, to perform or cause
to be performed such reasonable and necessary work on behalf of Provider and to charge Provider
for the reasonable and actual costs incurred by the City. Provider shall reimburse the City for the
costs in accordance with this ordinance.
20.Damage to Pole. Whenever a Service Pole, MOU Pole, or other City facility or
equipment supporting a Network Node is damaged or knocked down, the City shall endeavor to
provide prompt notice to Provider of the need to remove or repair Provider's Network Node. Upon
receipt of notification from City of such damage, Provider shall promptly respond and shall within
one hour of such notification take such measures as are necessary to make the area safe, such as
disconnection of the power source to the Network Node and removing damaged equipment from
the Public Right-of-Way, if applicable.
21.Access by Provider. Provider’s access to Public Right-of-Way shall be coordinated
with the City to schedule such access at times that are least disruptive to the traveling public. The
time of day and duration of Provider's access shall be as determined by the City. For all activities
that impact traffic, Provider’s access shall be conditioned upon City approval of Provider’s traffic
control plan. Provider shall maintain written logs of each instance when Provider has accessed the
Public Right-of-Way; such log shall be made available to the City upon reasonable request by the
City.
22.Graffiti Abatement. As soon as practical, but not later than 14 Days from the date
Provider receives notice thereof, Provider shall remove all graffiti on any of its Wireless Facilities,
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or Ground Equipment. The foregoing shall not relieve Provider from complying with any visual
blight ordinance or regulation.
D.Private and Regulatory Compliance.
1.Necessary Approvals. Provider shall be responsible for obtaining from the
appropriate public and/or private authority or other appropriate persons any required authorization
to construct, operate and/or maintain its Wireless Facilities or Transport Facilities on public
property before it occupies any portion of the Public Right-of-Way. The City retains the right to
require evidence that appropriate authorization has been obtained before any Permit is issued to
Provider. Provider’s obligations under this Article include, but are not limited to, the obligation to
obtain all necessary approvals to occupy public/private rights-of-way and to pay all associated
costs.
E.Permit Application Procedures.
1.Permit Required. Provider shall not install any Wireless Facility or Transport
Facility in any portion of the Public Right-of-Way, or materially Modify the Wireless Facility or
Transport Facility, without first applying for and obtaining a Permit in compliance with the City’s
Permit application process.
2.License Agreement Required. As a precondition to receiving a Permit to Collocate
a Network Node on a Service Pole, Provider shall enter into a License Agreement with the City.
The City Manager or designee shall have the authority to execute said agreement.
3.Permit Not Required.
a.Notwithstanding any other provision of this ordinance, a Permit is not
required for:
i.routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a Public Right-of-Way;
ii.replacing or upgrading a Network Node or Pole with a Node or
Pole that is substantially similar in size or smaller and that does not require
excavation or closing of sidewalks or vehicular lanes in a Public Right-of-Way; or
iii.the installation, placement, maintenance, operation, or
replacement of Micro Network Nodes that are strung on cables between existing
Poles or Node Support Poles, in compliance with the National Electrical Safety
Code.
b.For purposes of this section:
i.a Network Node or Pole is considered to be “substantially similar”
if:
a)the new or upgraded Network Node, including the
Antenna or other equipment element, will not be more than 10 percent
larger than the original permitted Network Node, provided that the
increase may not result in the Network Node exceeding the size limitations
provided by Chapter 284; and
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b)the new or upgraded Pole will not be more than 10 percent
higher than the original permitted Pole, provided that the increase may not
result in the Pole exceeding the applicable height limitations prescribed by
this ordinance and Chapter 284;
ii.the replacement or upgrade does not include replacement of an
existing Node Support Pole; and
iii.the replacement or upgrade does not defeat existing Concealment
elements of a Node Support Pole.
c.The determination under this section of whether a replacement or upgrade
is substantially similar is made by measuring from the dimensions of the Network Node or
Node Support Pole as approved by the City.
d.Notwithstanding the above, for activities that do not require a Permit:
i.The Provider shall give the City 30 Days advance notice of the
work described above;
ii.a Network Provider may replace or upgrade a Pole only with the
approval of the Pole’s owner; and
iii.the size limitations may not in any event exceed the parameters
prescribed by Chapter 284 without the City’s approval.
4.Permit Application Requirements.
a.Provider shall complete and submit to the City an application to locate a
Wireless Facility or Transport Facility, using the application form provided by the City.
The following items shall accompany the completed application form:
i.A one-time, nonrefundable application fee for review of the
application in the amount provided for in the City’s Ch. 284 fee ordinance.
ii.Documents necessary for the review or as requested by the City
that are designed and sealed by a professional engineer, including but not limited
to:
a)A map or site plan drawn to scale on 14”x17” or 22”x34”
paper showing:
i.the location of the proposed installation,
including GIS or street address information;
ii.the proximity of the proposed installation to
special districts of the City;
iii.the proximity to Schools and Municipal Parks;
and
iv.the proximity to Service Poles, Utility Poles,
MOU Poles, Node Support Poles, and other Network Nodes on a
Service Pole or MOU Pole, if any, and depicting the sidewalks,
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and Tamps onto sidewalks required by Applicable Codes, TAS,
or other law, including the Americans with Disabilities Act, paved
street surface and all existing underground and overhead utilities
in the Right-of-Way and utility easements.
b)Disclosure if the proposed installation is:
i.In a Residential Area as described in Section
13.77; and
ii.In an Underground Utility District or other area
with undergrounding requirements.
c)A Pre-Permit Survey completed, signed and sealed by a
qualified and experienced professional engineer in accordance with the
City's requirements, certifying that Provider's Wireless Facilities or
Transport Facilities can be installed on the identified structure in
compliance with the Applicable Codes. The professional engineer's
qualifications must include experience performing work for similar
attachments on similar facilities.
d)Detailed plans for each Wireless Facility, Transport
Facility, and Ground Equipment, including representative drawings or
pictures of the intended Network Node and other equipment, and proposed
dimensions of same. Such plans shall show strict compliance with this
ordinance, with the size limitations set forth in Chapter 284, with
maximum Pole height limitations set forth herein and in Chapter 284, and
with all Applicable Codes.
e)Certification that the proposed Wireless Facility complies
with applicable regulations of the Federal Communications Commission
and that the proposed Wireless Facility shall not cause any interference
with the City's public safety radio system, traffic light system, or other
City safety communications components.
f)Certification that the proposed Network Node will be
placed into active commercial service by or for a Provider not later than
the 60th day after the date the construction and final testing of the Network
Node is completed.
g)If the proposed location is on a Service Pole, Provider
shall have in place an executed License Agreement with the City for the
use of the Service Pole.
i. The Permit application will be denied if this
license agreement is not in place at the time the application is
submitted.
ii.Representative drawings or pictures of the
intended Network Node as intended to be Collocated on the
Service Pole shall be provided.
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iii.Engineering and construction plans and
drawings related to the Collocation of the Network Node on
the Service Pole, including where the proposed Transport
Facilities will be connected to the Network Node as electrical
power connections, shall also be provided.
iv.If the applicant is not the same as the licensee
identified in the license agreement, the licensee shall sign the
Permit application or provide a letter of agency satisfactory to the
City. The licensee in such license agreement shall be presumed to
be the owner of the Network Node and Ground Equipment, and
shall be fully responsible for them and the Rental Fees payable to
the City thereunder.
v.If the requested Location has already been
approved for Collocation by other entities the application for the
Service Pole shall be denied.
h)If the proposed location is on a MOU Pole, Provider shall
have in place an executed License Agreement with the City for the use of
the MOU Pole.
i. The Permit application will be denied if this
license agreement is not in place at the time the application is
submitted.
ii.Representative drawings or pictures of the
intended Network Node as intended to be Collocated on the
Service Pole shall be provided.
iii.Engineering and construction plans and
drawings related to the Collocation of the Network Node on
the Service Pole, including where the proposed Transport
Facilities will be connected to the Network Node as electrical
power connections, shall also be provided.
iv.If the applicant is not the same as the licensee
identified in the license agreement, the licensee shall sign the
Permit application or provide a letter of agency satisfactory to the
City. The licensee in such license agreement shall be presumed to
be the owner of the Network Node and Ground Equipment, and
shall be fully responsible for them and the Rental Fees payable to
the City thereunder.
v.If the requested Location has already been
approved for Collocation by other entities the application for the
Service Pole shall be denied.
i)If the proposed location lies within a Highway Right-of-
Way, the Provider must provide evidence of a permit from the state or
federal government.
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iii.The City's acceptance of the submitted design documents does not
relieve Provider and its engineer of full responsibility and liability for any errors
and/or omissions in the engineering analysis.
b.The City shall review the Permit application for completeness and notify
the Provider in writing if Provider needs to submit additional or missing information. Such
written notice will be provided within 30 Days after receipt of a Permit application for a
Network Node or Node Support Pole, or within 10 Days for a Permit for a Transport
Facility. The notice shall specifically identify the missing information. If Provider does not
submit the missing or additional information within 180 Days of the notice, the Provider's
Permit application for the requested location shall be deemed withdrawn.
c.The City shall review the Permit application to determine if the requested
location and proposed installation complies with all Applicable Codes.
i.If the City denies the Permit application, it will notify Provider by
electronic mail on the date the City denies the application, stating the basis for the
denial.
ii.Provider may cure the deficiencies identified by the City within
thirty (30) Days by resubmitting the application, along with payment to the City
for the City's actual costs incurred in reviewing the resubmitted application.
5.Pre-Construction Meeting. Provider or Provider’s contractor shall notify the City
at least seven (7) business days before the commencement of work, as the City may require a pre-
construction conference. No work shall commence until the date provided to the City or as
specifically authorized at the pre-construction meeting, if any.
6.Record Drawings. Upon passing final City inspection, Provider shall furnish to the
City the original drawings, revised to depict as-built conditions. The plans shall be marked “Record
Drawings” on each sheet and shall be signed and dated by the Provider’s design engineer. The
Provider’s design engineer shall certify that the plans accurately show the work as actually
constructed.
7.Termination of Permits.
a.Unless the City grants an extension of time upon Provider’s request, a
Permit shall expire six months after approval by the City if installation pursuant to the
Permit has not begun by that date.
b.Any Permit shall automatically terminate when Provider ceases to have
authority to construct and operate its Wireless Facilities or Transport Facilities on Public
Right-of-Way at the location covered by the Permit. Provider shall, at its sole expense,
remove the Wireless Facility or Transport Facility from the Public Right-of-Way within
thirty (30) Days. If Provider fails to remove the Wireless Facility or Transport Facility
within thirty (30) Days, the City shall have the right to remove the facilities at Provider’s
expense.
c.Any Permit shall automatically terminate for a Wireless Facility or
Transport Facility that becomes nonfunctional and no longer fit for service (“Nonfunctional
Attachment”). Provider shall, at its sole expense, remove any Nonfunctional Attachment,
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or part of a Nonfunctional Attachment, within thirty (30) Days of the Wireless Facility or
Transport Facility becoming nonfunctional. If Provider fails to remove a Nonfunctional
Attachment within thirty (30) Days, the City shall have the right to remove the
Nonfunctional Attachment at Provider's expense.
d.Provider may at any time surrender any Permit. Provider shall, at its sole
expense, remove the Wireless Facility, Transport Facility, and related Ground Equipment
from the Public Right-of-Way within thirty (30) Days of Provider’s notice of surrender of
a Permit. If Provider fails to remove the Wireless Facility, Transport Facility, or related
Ground Equipment, or any part thereof from the Public Right-of-Way within thirty (30)
days, the City shall have the right to remove same at Provider’s expense.
E.Additional Procedures and Requirements for Providers Collocating Micro Network Nodes
or Network Nodes to Municipally Owned Utility Poles \[Note: To the extent Section E conflicts with any
other provision of the Design Manual then Section E will prevail.\]
1.Provider Initial Registration
a.Providers Collocating must be registered with the City (See Registration
Form; Attachment A). The registration must indicate: (i) corporate name of the Provider;
(ii) corporate contact information; and, (iii) contact information for primary liaison and an
escalation list of company personnel (to the Senior Executive level including contact phone
numbers and email addresses) responsible to respond to any operational requests from the
City or DME.
b.Providers must submit a Request for Wireless Installation Permit
(Attachment B).
c.The Provider shall provide copies of the PUCT certificate and any
franchise or license agreement, permits, or ordinances with the Registration Form
authorizing access to the Public Rights-of-Way within DME’s service territory.
d.DME has no obligation to approve a Permit within any part of its service
area to any Provider that has not been granted the right to use Public Right-of-Way for the
installation of Wireless Facilities.
2.Updates to Registration Information. The Registration Form must be updated and
submitted to DME by October 31 annually or as changes to the Provider’s information warrant.
Provider has an obligation and duty to maintain the accuracy of the information in the Registration
Form at all times.
3.Wireless Facility Removal Notification and Abandoned Wireless Facilities.
a.Wireless Facility Removal
i.Provider must provide DME written notice of each licensed
Wireless Facility removed from an MOU Pole or Streetlight. Absent such notice,
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each Wireless Facility will remain subject to the terms and conditions of the
License Agreement.
ii.Upon receiving written notice of the Provider’s Wireless Facilities
have been removed, DME reserves the right to inspect the designated Wireless
Facilities to verify removal. Upon verification of removal, DME shall issue the
applicable Site License for the remaining authorized Wireless Facilities.
iii.In the event the inspection finds that Wireless Facilities have not
been removed from MOU Poles, each Wireless Facility shall remain subject to the
terms and conditions of License Agreement and the Provider will be assessed the
fees associated with the inspection.
iii.Wireless Facility Removal Notification Process
a)Upon completion of removal of the licensed Wireless
Facilities, submit confirmation of the removal to
NJUNS@cityofdenton.com.
b)Include in the confirmation notice a copy of the Site
License designating the licensed Wireless Facilities that have been
removed.
b.Abandoned Wireless Facilities. The Provider shall bear all costs of
removal of any DME costs incurred as a result of such removal, and shall continue to pay
all Wireless Facility fees due DME under the applicable section of the License Agreement
up to and until the date on which such Wireless Facilities that have been removed.
4.Municipally Owned Utility Poles.
a.Providers will have access to all non-decorative Streetlights, but only
limited access to MOU Poles. The limitations are:
i.Wireless Facilities shall be installed only on MOU Poles and
Streetlights which do not have supply equipment installed. Supply equipment
includes, but is not limited to: (i) transformers; (ii) capacitors; (iii) primary risers;
(iv) secondary risers; (v) downguys; (vi) and switches. MOU Poles with junctions,
laterals or dead-ends cannot have Antennas installed on them.
ii.Wireless Facilities cannot be installed on Poles with existing or
planned vertical, armless, or ridge-pin construction.
iii.Wireless Facilities cannot be installed on MOU transmission poles
or MOU transmission poles with distribution underbuild.
iv.Only one (1) Antenna is allowed on each eligible MOU Pole and
must be installed such that it meets safety concerns and climbing requirements.
Page24 of 34
v.No other Wireless Facilities, except the Antenna, conduit and coax
shall be installed on an MOU Pole. Only designs with wireless cabinets and meters
on a separate pedestal off of the MOU Pole, or on a different pole installed by
Provider, will be considered. The Provider must install all cabinets or other
required appurtenances a minimum of five feet (5’) radius from the MOU pole the
Antenna is installed on.
vi.The use of pole top extensions is prohibited to accommodate
wireless Antennas to obtain vertical clearance.
vii.Wireless Facilities shall only be installed on MOU Poles located
in the Public Right-of-Way which are bucket truck accessible.
viii.Any exceptions to this limitations must be evaluated on a case-by-
case basis. Final and ultimate determination of MOU Pole availability is at the
sole discretion of the City.
ix.No mid-span taps will be allowed.
x.If DME transfers it facilities to another MOU Pole, the Provider
must permit and transfer their facilities within 45 days to allow DME to remove
the idle MOU Pole. Failure to complete pole transfer will result in DME relocating
and/or removing the Provider’s facilities at the Provider’s sole cost and expense.
xi.Installations on stub-poles or topped-off poles shall not be
allowed.
xii.Antenna grounding shall be in compliance with the current
National Electrical Safety Code (NESC).
xiii.It is the responsibility of any persons having valid reason to climb
MOU Poles in performance of their job to first satisfy themselves as to the
structural integrity of Poles prior to climbing.
xiv.DME does not own every pole in its service territory. It is the sole
responsibility of the Provider to properly identify pole ownership. Failure to
properly identify pole ownership can cause a delay in the Providers permit
approval. DME cannot grant permission to install Wireless Facilities on poles not
owned by them. If the Provider continually fails to identify pole ownership
causing the loss of DME Engineering productivity, the Provider shall be assessed
a fee for this service.
xv.The Provider has the option to install a four foot (4’) bracket arm,
to be installed in the Communication Zone only, on which the Provider’s Antenna
can be mounted. All materials necessary for this installation must be provided by
Page25 of 34
the Provider, and must be submitted to DME prior to approval and installation, and
after approval, installed by a Qualified Electrical Worker.
a)Installation of the bracket arm can only be done by a
Qualified Electrical Worker.
b)Clearances shall be per the National Electrical Safety
Code and shall not interfere with the mounting bracket.
c)Supply cable must be jacketed multiple conductor. Jacket
must enclose entire cable assembly.
d)Supply cable must be trained to be inside of the bracket
arm.
e)Only one piece of Wireless Facilities shall be mounted on
the bracket arm.
f)Maximum weight of the communication Wireless
Facilities shall not exceed 15 lbs. when installed on the bracket arm.
g)Communication Wireless Facilities to be installed a
minimum of twelve-inches (12”) and maximum of three-feet (3’) from
pole on bracket arm.
h)No bracket arms shall be installed in the supply space.
i)The Provider must provide a minimum of a #6 S.D. bare
copper pole ground to which the bracket arm is to be bonded. The pole
ground is to be attached to a ground rod supplied, and installed, by the
Provider.
j)Wireless attachment line clearances shall be as per the
NESC and shall not interfere with the mounting bracket.
k)To install and maintain Wireless Facilities, Qualified
Electrical Workers must be qualified to work in supply space and use
supply space work rules and methods.
l)Rules for the Historic Areas and non-standard
Streetlights:
i.Decorative Poles in Historic Areas will not be
allowed to have Wireless Facilities.
Page26 of 34
ii.In Historic Areas, the Provider must meet all of
the aesthetic requirements of the Historic Area as well as the
Historic Area’s homeowner’s association.
iii. The Provider(s) who chooses to have Wireless
Facilities in areas legally designated as a Historic Area, will pay
for all costs associated with installation of approved structures to
support their Wireless Facilities and any other appurtenances.
5.Execution of Providers Requests
a.The application review process for Wireless Facilities installed on MOU
Poles or Streetlights is illustrated in Figure 1 below.
ApplicationApplicationMakeReadyMakeReadyPost
DMEDMEDME
Service madetoDMEreviewElectric Service WirelessConstruction
ProviderProvider
includingMakeConstructionInstallationInspection
ReadyElectricCommunication
WirelessWireless
Engineering
b.Wireless Antenna Site License Application Process
i.The Provider must apply for an individual Site License for each
Wireless Telecommunications Wireless Facility.
ii.The Provider must submit the following information for each
Wireless Facility request:
a)Specifications for all Wireless Facilities proposed for
installation on DME’s Poles for DME’s review.
b)Electric service requirements including operating voltage
and kW demand of the Wireless Facility Wireless Facilities.
c)A map showing the location of the MOU Pole proposed
for the Wireless Facility.
d)Contact information of the person or entity responsible for
the installation.
e)The Provider must follow all requirements and standards
set forth by DME through the NESC, Applicable Codes, Design Manual,
and the Electric Service Standards.
iii.Within 45 days from receipt, DME will either:
a)Inspect and either approve or deny the proposed MOU
Pole location(s) and provide a cost estimate to replace the approved MOU
Pole(s) with a taller MOU Pole suitable for the purpose Antenna, or
Page27 of 34
b)Provide a written denial of the use of the specific MOU
Pole if DME deems the MOU Pole and requested Wireless Facility
Request to be: (1) non-compliant with NESC, Applicable Codes, Design
Manual, and the Electric Service Standards; (2) in conflict with DME’s
core business, including but not limited to maintenance, renovation, or
relocation of DME’s facilities; or (3) otherwise would compromise the
safety, reliability, capacity, and/or generally accepted engineering
practices of DME’s facilities.
iv.Upon approval of the applicants approval, of and payment, of
Make-Ready fees or costs, DME will release the MOU Pole replacement work-
order with timing being contingent on DME’s current work schedule.
a)Simultaneously, Applicant will contract with the DME-
approved electrical contractor to install the approved Wireless Facility on
the replacement pole.
b)The electric contractor shall install Provider’s Wireless
Facility at the same time the contractor or DME performs DME’s Pole
replacement work
v.Upon final Post-Installation Inspection of the Wireless Facility, as
installed, DME shall provide the Provider with a Site License. Payment of rental
fees will continue until Wireless Facilities is removed.
vi.DME shall perform a Post-Installation Inspection to verify
compliance with the NESC and these Guidelines. Any installation causing a
violation of the NESC, Applicable Codes, Design Manual, and the Electric Service
Standards will be rejected. If rejected, the Provider has one (1) week to correct
any issue. Failure to address the issue(s) in this time frame shall result in stoppage
of all requests and/or fiscal penalties which must be paid prior to DME continuing
review of requests.
c.Any make ready required to provide the necessary clearances and pole
heights for a Pole-Top Wireless Facility will be determined by DME or its contractors. All
MOU Pole replacement work will be performed by DME or DME’s authorized electrical
contractors. All costs for the make-ready will be at the sole expense of the Provider and
paid in full prior to DME beginning make ready work.
i.Antenna installation at the top of DME poles and above the supply
space conductors require the installation of up to a ten foot (10’) taller pole.
ii.The increased pole height, coupled with the height of any foreign
Wireless Facilities or Antenna, shall not cause the structure to exceed a maximum
of sixty feet (60’).
Page28 of 34
iii.Acceptable Pole classes will be determined by DME.
iv.Tree trimming, where required for MOU Pole replacement or
installation, or to provide clearance for the Wireless Facility(s) will be performed
by DME’s contractors during the MOU Pole installation, at the Provider’s sole cost
and expense. This does not apply to on-going maintenance needed by the Provider.
The Provider is responsible for obtaining the services of a certified tree trimmer
who can do the work.
d.DME may deny any proposed Wireless Facility(s) that DME deems:
i.Non-compliant with the NESC, Applicable Codes, Design
Manual, and the Electric Service Standards;
ii.Requires use of any MOU Pole with insufficient capacity; or
iii.Otherwise would compromise safety, reliability, or sound
engineering of DME’s facilities.
6.Installation Requirements
a.Design must be sealed by a Texas Professional Engineer.
b.Providers shall supply a disconnect which has been installed on a DME
approved structure which is accessible by DME employees or its contractors and has the
capability to be locked by DME with a DME owned lock.
c.The Provider shall provide identification hardware (tags) that clearly
identifies ownership of a Wireless Facility. All Wireless Facilities shall be identified with
tags showing the following, minimal, identifiers:
i.The Provider’s generally recognized business name
ii.An identifying company logo
iii.An emergency telephone number
iv.Any other mutually agreed upon identifying symbol
d.All Wireless Facilities shall be tagged at the time of installation.
i.Identification tags should be secured to remain permanently
affixed to the Provider’s Wireless Facilities.
ii.Specifications for the tags include:
a)Be resistant to fading from the effects of weather,
chemicals, etc.;
Page29 of 34
b)Be generally consistent in appearance for a given Provider
throughout DME’s service territory;
c)Utilize a typeface that is legible to an observer from
ground level; and
d)Avoid the use of sharp edges and corners (if constructed
of metal) to prevent injury to personnel or damage to cables.
e)All Antenna and cable installations must be tagged at
every Pole to ensure adequate identification.
e.The Provider shall provide RF Warning Signs on all Streetlights and MOU
Poles with an Antenna stating the potential hazard associated with RF at that location. The
RF Warning Signs shall be submitted to DME for approval prior to installation.
f.Providers are responsible for obtaining Private Easement off of ublic
Right-of-Way for the installation of Wireless Facilities pedestals when necessary. The City
will not negotiate Private Easements for the benefit of the Provider. The Cit does not
guarantee the Provider will be granted property rights from property owners,
municipalities, or other rights-of-way owners for the use of Public Right-of-Way.
g.Providers are solely responsible for obtaining consent, where necessary,
from property owners.
7.Qualifications of Workers. All work performed within or above the Electrical
Supply Zone (including the Pole-Top Zone), including work related to construction, installation,
maintenance, or repair of Wireless Pole-Top Wireless Facilities must be performed by Qualified
Electrical Workers.
8.Worker Safety.
a.With a Permit request, Providers shall provide an evaluation of proposed
wireless units to determine compliance with FCC guidelines for human exposure to
radiofrequency fields. Evaluation shall be performed with regards to uncontrolled
exposure in the near field and far field regions. Evaluations shall be provided for new
installations and whenever the transmitting power of existing Wireless Facilities is
increased.
b.If wireless interference is suspected, the Antenna will be disconnected
until the Provider provides sufficient data to show the interference has been eliminated.
DME has the right to require a more in-depth study when it deems necessary.
c.Means shall be provided to safely disconnect Wireless Facilities to limit
work exposure to radiation per RFCC OET Bulletin 65 when evaluation of emitted
radiation exceed the limits for uncontrolled exposure. The Antenna power source shall
Page30 of 34
have a lockable disconnect installed to allow the Antenna to be de-energized before work
can be performed within the area designated by the RF Warning Signs.
d.DME maintains the right to disconnect a Wireless Facility without prior
notice to the Provider.
e.A Provider who desires to install a Wireless Installation on DME’s system
is required to provide a Safety Briefing related to RF suitable for DME employees and
contractors who may be required to work near and/or around such Wireless Facilities
locations. The content of the Safety Briefing is to be pre-approved by DME and
distribution of the Briefing shall be given at DME’s discretion.
E.Removal of Wireless Facilities and Ground Equipment.
1.Removal Upon Notice from the City for City Project.
a.The City may determine that it is necessary for Provider to remove or
relocate its Micro Network Node, Network Node, Node Support Pole, Transport Facilities,
and related Ground Equipment, or any portion thereof, from the Public Right-of-Way or a
Service Pole for City projects. Whenever the City reasonably determines that relocation or
removal is needed for the construction, completion, repair, widening, relocation, or
maintenance of, or use in connection with, any City construction or maintenance project of
a Street or Public Right-of-Way, or Service Pole, Provider shall remove or relocate its
facilities at its sole cost and expense, except as otherwise provided in existing state or
federal law.
b.Provider shall complete the removal or relocation within thirty (30) Days
after receiving written notice from the City, provided the City or a third party has not
prevented Provider from completing such work. Provider shall notify the City in writing
within ten (10) Days after the removal or relocation has been completed.
c.If Provider fails to remove or relocate the Micro Network Node, Network
Node, Node Support Pole or related Ground Equipment, or portion thereof as requested by
the City within thirty (30) Days after receiving written notice from the City, the City shall
have the right to remove, or to have removed, the Micro Network Node, Network Node,
Node Support Pole or related Ground Equipment, or portion thereof, at Provider's expense.
d.The City shall not be responsible or liable for damage to Provider’s
Wireless Facilities, Transport Facilities, or related Ground Equipment except to the extent
provided in this ordinance.
e.Network Provider shall reimburse the City for the City’s actual cost of
removal of Wireless Facilities, Transport Facilities, and related Ground Equipment within
30 Days of receiving the invoice from the City.
e.Removal Required by the City for Safety and Imminent Danger Reasons.
a.Network Provider shall, at its sole cost and expense, promptly disconnect,
remove, or relocate the applicable Wireless Facility, Transport Facility, and related Ground
Equipment within the time frame and in the manner required by the City if the City
Page31 of 34
reasonably determines that the disconnection, removal, or relocation of any part of a
Wireless Facility, Transport Facility, or related Ground Equipment:
i.is necessary to protect the public health, safety, welfare, or public
property;
ii.if such Wireless Facility, Transport Facility, or related Ground
Equipment, or portion thereof, is adversely affecting proper operation of Service
Poles or other City facilities or equipment; or
iii.if Provider fails to obtain all applicable licenses, Permits, and
certifications required by Law for its Wireless Facilities, Transport Facilities, and
related Ground Equipment, or for the use of any Location under Applicable Codes,
except to the extent not consistent with Chapter 284.
b.If the City reasonably determines that there is imminent danger to the
public, then the City may immediately disconnect, remove, or relocate the applicable
Wireless Facilities, Transport Facilities, or related Ground Equipment at the Provider's sole
cost and expense in strict accordance with the City's ordinances, except to the extent not
consistent with Chapter 284.
f.Repair by Provider. Provider shall repair any damage to any Service Pole, Public Right-of-
Way, City facility or equipment, and the property of any third party resulting from
Provider’s removal or relocation activities (or any other of Provider's activities hereunder)
within 10 Days following the date of such removal or relocation, at Provider's sole cost and
expense, including restoration of the Service Pole or other City facility or equipment and
any portion of the Public Right-of-Way to substantially the same condition as it was
immediately before the date Provider was granted a Permit, including restoration or
replacement of any damaged trees, shrubs, or other vegetation. Such repair, restoration and
replacement shall be subject to the sole, reasonable approval of the City.
G.Abandonment or Removal.
1.Abandonment by the City.
a.If the City desires at any time to abandon or remove any Service Pole or
other City facility or equipment to which Provider’s Wireless Facilities or Transport
Facilities are attached, the City shall give Provider notice in writing at least sixty (60) Days
prior to the date on which the City intends to abandon or remove such Service Pole or other
City facility or equipment. If, following the expiration of the sixty (60) Day period,
Provider has not removed all of Provider’s Wireless Facilities or Transport Facilities, shall
have the right to remove same at Provider's expense.
b.If any Service Pole or other City facility or equipment must be removed
by reason of any federal, state, county, municipal or other governmental requirement,
including, but not limited, to underground conversion, or the requirement of a property
owner, Provider shall remove its Wireless Facilities or Transport Facilities from the
affected Location, at Provider’s expense, within sixty (60) Days of receipt of written notice
from the City. If Provider does not remove its Wireless Facilities or Transport Facilities
within the sixty (60) Day period, the City shall have the right to remove same at Provider’s
expense.
Page32 of 34
c.Provider shall not abandon in place any Wireless Facilities, Transport
Facilities, or related Ground Equipment, underground conduit, or any portion thereof.
2.Removal by Provider. If Provider removes or relocates a Wireless Facility,
Transport Facility, or Ground Equipment at its own discretion, it shall notify the City Engineer in
writing not less than 10 business days prior to removal or relocation. Provider shall obtain all
Permits required for relocation or removal of its Wireless Facilities, Transport Facilities, or Ground
Equipment prior to relocation or removal.
G.Inspection of Facilities.
1.Provider must give seven (7) business days’ notice to the City prior to the start of
work. The City reserves the right to inspect new and existing Wireless Facilities, Transport
Facilities, and related Ground Equipment at any time.
2.The City's inspections, or the failure to do so, shall not operate to impose upon the
City any liability of any kind whatsoever or relieve Provider of any responsibility, obligations or
liability for Provider’s Wireless Facilities, Transport Facilities, or related Ground Equipment,
whether assumed under Provider's Permit or otherwise existing.
3.The City shall provide written notice to Provider if an inspection reveals that all,
or any part, of Provider’s Wireless Facilities, Transport Facilities, or related Ground Equipment are
installed, used, or maintained in violation of this ordinance or Provider's Permit. Provider agrees to
bring its Wireless Facilities, Transport Facilities, and related Ground Equipment into full
compliance with this ordinance and its Permit within thirty (30) Days of receipt of notice from the
City. If Provider does not correct the violation(s) within thirty (30) Days as required, the City may
correct the conditions at Provider’s expense. When the City reasonably believes that the violation(s)
poses an immediate threat to the safety of any person, interferes with the performance of the City’s
obligations, or poses an immediate threat to the physical integrity of Service Poles or other City
facilities or the Public Right-of-Way, the City may perform work and/or take action as reasonably
necessary to eliminate such immediate threat without first giving written notice to Provider. The
City will advise Provider in writing of the work performed or the action taken, including
photographic evidence substantiating the violation and its cause. Provider shall pay the City for all
costs the City incurs in performing the work or taking the action.
H.Liability and Indemnification.
1.The City reserves the right to maintain and operate Public Rights-of-Way in the
manner it deems best. Provider agrees to use Public Rights-of-Way at Provider's sole risk. The City
shall exercise reasonable care to avoid damaging Provider's Wireless Facilities and the City shall
report to Provider the occurrence of any such damage caused by the City's employees, agents or
contractors.
2.INDEMNTIFICATION. PROVIDER SHALL INDEMNIFY THE CITY AS
PROVIDED IN CHAPTER 283, SECTION 283.057(a) AND (b), TEXAS LOCAL
GOVERNMENT CODE.
3.Sec. 13.109. No provision of this ordinance is intended, or shall be construed, to
be a waiver for any purpose by the City of governmental immunity or other provisions of Texas
law limiting municipal liability. No indemnification provision contained in this ordinance under
Page33 of 34
which Provider indemnifies the City shall be construed in any way to limit any other
indemnification provision contained in this ordinance or Texas law.
I.Duties and Responsibilities.
1.The City does not warrant the condition or safety of Public Rights-of-Way or
Service Poles. Any Provider issued a Permit to occupy Public Rights-of-Way or Service Poles has
an obligation to inspect Public Rights-of-Way or Service Poles, prior to commencing any work. By
accepting a Permit from the City for occupancy of Public Right-of-Way, PROVIDER ASSUMES
ALL RISKS OF ANY DAMAGE, INJURY, OR LOSS OF ANY NATURE WHATSOEVER
CAUSED BY OR IN CONNECTION WITH THE USE OF PUBLIC RIGHTS-OF-WAY.
2.By accepting a Permit, Provider warrants that it has acquainted, or will fully
acquaint, itself and its employees and/or contractors and agents with the conditions relating to the
work that Provider will undertake under the Permit and that it fully understands or will acquaint
itself with the facilities, difficulties, and restrictions attending the execution of such work.
3.THE CITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH
REGARD TO PUBLIC RIGHTS-OF-WAY, SERVICE POLES, OR OTHER CITY FACILITIES
OR EQUIPMENT, ALL OF WHICH WARRANTIES ARE HEREBY DISCLAIMED. THE CITY
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
4.In the event that Provider shall cause an interruption of service by damaging or
interfering with any equipment of the City, Provider at its expense shall immediately do all things
reasonable to avoid injury or damages, direct and incidental, resulting from the interruption and
shall notify the City immediately. To the extent permitted by Texas law, Provider shall be liable
for all direct costs resulting from such damage and any necessary repairs.
5.If Chapter 284 of the Local Government Code, or any part thereof is at any time,
in full or in part, revoked, found to be unconstitutional, struck down, preempted or otherwise
becomes void or invalid, then Permits granted under this ordinance shall automatically terminate,
unless an extension is granted by the City. This section shall constitute notice that in such case, all
Network Nodes are to be removed within ninety (90) Days from the event that affects Chapter 284.
The Parties agree they will negotiate in good faith to assure an ease of transitions as to those parts
of Chapter 284 that have been adjudicated as unenforceable, as well as continued compliance with
those parts that may remain enforceable, if any.
J.Emergency Contact. Provider shall maintain a staffed 24-hour emergency telephone
number, not available to the general public, where the City can contact Provider to report damage to
Provider’s Wireless Facilities, Transport Facilities, or Ground Equipment or other situations requiring
immediate communications between the parties. Such contact person shall be qualified and able to respond
to the City's concerns and requests.
Page34 of 34
S.B.ANo.A1004
1ANACT
2relatingtothedeploymentofnetworknodesinpublicright-of-way;
3authorizingfees.
4BEITENACTEDBYTHELEGISLATUREOFTHESTATEOFTEXAS:
5SECTIONA1.AASubtitleA,Title9,LocalGovernmentCode,is
6amendedbyaddingChapter284toreadasfollows:
7CHAPTER284.DEPLOYMENTOFNETWORKNODESINPUBLICRIGHT-OF-WAY
8SUBCHAPTERA.GENERALPROVISIONS
9Sec.A284.001.AAFINDINGSANDPOLICY.(a)AAThelegislature
10findsthat:
11(1)AAnetworknodesareinstrumentaltoincreasing
12accesstoadvancedtechnologyandinformationforthecitizensof
13thisstateandtherebyfurtheranimportantpublicpolicyofhaving
14reliablewirelessnetworksandservices;
15(2)AAthisstatehasdelegatedtoeachmunicipalitythe
16fiduciaryduty,asatrustee,tomanagethepublicright-of-wayfor
17thehealth,safety,andwelfareofthepublic,subjecttostatelaw;
18(3)AAnetworknodesoftenmaybedeployedmost
19effectivelyinthepublicright-of-way;
20(4)AAnetworkprovidersaccesstothepublic
21right-of-wayandtheabilitytoattachnetworknodestopolesand
22structuresinthepublicright-of-wayallownetworkprovidersto
23densifytheirnetworksandprovidenext-generationservices;
24(5)AAexpeditiousprocessesandreasonableand
1
S.B.ANo.A1004
1nondiscriminatoryterms,conditions,andcompensationforuseof
2thepublicright-of-wayfornetworknodedeploymentsareessential
3tostate-of-the-artwirelessservicesandtherebyfurtheran
4importantpublicpolicyofhavingreliablewirelessnetworksand
5services;
6(6)AAnetworknodeshelpensurethatthisstateremains
7competitiveintheglobaleconomy;
8(7)AAthetimelypermittingofnetworknodesinthe
9publicright-of-wayisamatterofstatewideconcernandinterest;
10(8)AArequirementsofthischapterregardingfees,
11charges,rates,andpublicright-of-waymanagement,when
12consideredwithfeeschargedtootherpublicright-of-wayusers
13underthiscode,arefairandreasonableandincompliancewith47
14U.S.C.Section253;
15(9)AAtotheextentthisstatehasdelegatedits
16fiduciaryresponsibilitytomunicipalitiesasmanagersofa
17valuablepublicasset,thepublicright-of-way,thisstateis
18actinginitsroleasalandownerinbalancingtheneedsofthe
19publicandtheneedsofthenetworkprovidersbyallowingaccessto
20thepublicright-of-waytoplacenetworknodesinthepublic
21right-of-waystrictlywithinthetermsofthischapter;and
22(10)AAastoeachmunicipality,includinghome-rule
23municipalities,thisstatehasdeterminedthatitisreasonableand
24necessarytoallowaccesstothepublicright-of-wayforthe
25purposesofdeployingnetworknodestoprotectandsafeguardthe
26health,safety,andwelfareofthepublicasprovidedbythis
27chapter.
2
S.B.ANo.A1004
1(b)AAInordertosafeguardthehealth,safety,andwelfareof
2thepublic,itisthepolicyofthisstatetopromotetheadoption
3ofandencouragecompetitionintheprovisionofwirelessservices
4byreducingthebarrierstoentryforprovidersofservicessothat
5thenumberandtypesofservicesofferedbyproviderscontinueto
6increasethroughcompetition.
7(c)AAItisthepolicyofthisstate,subjecttostatelawand
8strictlywithintherequirementsandlimitationsprescribedbythis
9chapter,thatmunicipalities:
10(1)AAretaintheauthoritytomanagethepublic
11right-of-waytoensurethehealth,safety,andwelfareofthe
12public;and
13(2)AAreceivefromnetworkprovidersfairandreasonable
14compensationforuseofthepublicright-of-wayandforcollocation
15onpoles.
16Sec.A284.002.AADEFINITIONS.Inthischapter:
17(1)AA"Antenna"meanscommunicationsequipmentthat
18transmitsorreceiveselectromagneticradiofrequencysignalsused
19intheprovisionofwirelessservices.
20(2)AA"Applicablecodes"means:
21(A)AAuniformbuilding,fire,electrical,
22plumbing,ormechanicalcodesadoptedbyarecognizednationalcode
23organization;and
24(B)AAlocalamendmentstothosecodestotheextent
25notinconsistentwiththischapter.
26(3)AA"Collocate"and"collocation"meanthe
27installation,mounting,maintenance,modification,operation,or
3
S.B.ANo.A1004
1replacementofnetworknodesinapublicright-of-wayonor
2adjacenttoapole.
3(4)AA"Decorativepole"meansastreetlightpole
4speciallydesignedandplacedforaestheticpurposesandonwhich
5noappurtenancesorattachments,otherthanspeciallydesigned
6informationalordirectionalsignageortemporaryholidayor
7specialeventattachments,havebeenplacedorarepermittedtobe
8placedaccordingtonondiscriminatorymunicipalcodes.
9(5)AA"Designdistrict"meansanareathatiszoned,or
10otherwisedesignatedbymunicipalcode,andforwhichthecity
11maintainsandenforcesuniquedesignandaestheticstandardsona
12uniformandnondiscriminatorybasis.
13(6)AA"Historicdistrict"meansanareathatiszonedor
14otherwisedesignatedasahistoricdistrictundermunicipal,state,
15orfederallaw.
16(7)AA"Law"meanscommonlaworafederal,state,or
17locallaw,statute,code,rule,regulation,order,orordinance.
18(8)AA"Macrotower"meansaguyedorself-supportedpole
19ormonopolegreaterthantheheightparametersprescribedby
20Section284.103andthatsupportsoriscapableofsupporting
21antennas.
22(9)AA"Micronetworknode"meansanetworknodethatis
23notlargerindimensionthan24inchesinlength,15inchesin
24width,and12inchesinheight,andthathasanexteriorantenna,if
25any,notlongerthan11inches.
26(10)AA"Municipallyownedutilitypole"meansautility
27poleownedoroperatedbyamunicipallyownedutility,asdefinedby
4
S.B.ANo.A1004
1Section11.003,UtilitiesCode,andlocatedinapublic
2right-of-way.
3(11)AA"Municipalpark"meansanareathatiszonedor
4otherwisedesignatedbymunicipalcodeasapublicparkforthe
5purposeofrecreationalactivity.
6(12)AA"Networknode"meansequipmentatafixed
7locationthatenableswirelesscommunicationsbetweenuser
8equipmentandacommunicationsnetwork.Theterm:
9(A)AAincludes:
10(i)AAequipmentassociatedwithwireless
11communications;
12(ii)AAaradiotransceiver,anantenna,a
13battery-onlybackuppowersupply,andcomparableequipment,
14regardlessoftechnologicalconfiguration;and
15(iii)AAcoaxialorfiber-opticcablethatis
16immediatelyadjacenttoanddirectlyassociatedwithaparticular
17collocation;and
18(B)AAdoesnotinclude:
19(i)AAanelectricgenerator;
20(ii)AAapole;or
21(iii)AAamacrotower.
22(13)AA"Networkprovider"means:
23(A)AAawirelessserviceprovider;or
24(B)AAapersonthatdoesnotprovidewireless
25servicesandthatisnotanelectricutilitybutbuildsorinstalls
26onbehalfofawirelessserviceprovider:
27(i)AAnetworknodes;or
5
S.B.ANo.A1004
1(ii)AAnodesupportpolesoranyother
2structurethatsupportsoriscapableofsupportinganetworknode.
3(14)AA"Nodesupportpole"meansapoleinstalledbya
4networkproviderfortheprimarypurposeofsupportinganetwork
5node.
6(15)AA"Permit"meansawrittenauthorizationforthe
7useofthepublicright-of-wayorcollocationonaservicepole
8requiredfromamunicipalitybeforeanetworkprovidermayperform
9anactionorinitiate,continue,orcompleteaprojectoverwhich
10themunicipalityhaspolicepowerauthority.
11(16)AA"Pole"meansaservicepole,municipallyowned
12utilitypole,nodesupportpole,orutilitypole.
13(17)AA"Privateeasement"meansaneasementorother
14realpropertyrightthatisonlyforthebenefitofthegrantorand
15granteeandtheirsuccessorsandassigns.
16(18)AA"Publicright-of-way"meanstheareaon,below,
17oraboveapublicroadway,highway,street,publicsidewalk,alley,
18waterway,orutilityeasementinwhichthemunicipalityhasan
19interest.Thetermdoesnotinclude:
20(A)AAaprivateeasement;or
21(B)AAtheairwavesaboveapublicright-of-waywith
22regardtowirelesstelecommunications.
23(19)AA"Publicright-of-waymanagementordinance"means
24anordinancethatcomplieswithSubchapterC.
25(20)AA"Publicright-of-wayrate"meansanannualrental
26chargepaidbyanetworkprovidertoamunicipalityrelatedtothe
27construction,maintenance,oroperationofnetworknodeswithina
6
S.B.ANo.A1004
1publicright-of-wayinthemunicipality.
2(21)AA"Servicepole"meansapole,otherthana
3municipallyownedutilitypole,ownedoroperatedbyamunicipality
4andlocatedinapublicright-of-way,including:
5(A)AAapolethatsupportstrafficcontrol
6functions;
7(B)AAastructureforsignage;
8(C)AAapolethatsupportslighting,otherthana
9decorativepole;and
10(D)AAapoleorsimilarstructureownedoroperated
11byamunicipalityandsupportingonlynetworknodes.
12(22)AA"Transportfacility"meanseachtransmission
13pathphysicallywithinapublicright-of-way,extendingwitha
14physicallinefromanetworknodedirectlytothenetwork,forthe
15purposeofprovidingbackhaulfornetworknodes.
16(23)AA"Utilitypole"meansapolethatprovides:
17(A)AAelectricdistributionwithavoltagerating
18ofnotmorethan34.5kilovolts;or
19(B)AAservicesofatelecommunicationsprovider,
20asdefinedbySection51.002,UtilitiesCode.
21(24)AA"Wirelessservice"meansanyservice,using
22licensedorunlicensedwirelessspectrum,includingtheuseof
23Wi-Fi,whetheratafixedlocationormobile,providedtothepublic
24usinganetworknode.
25(25)AA"Wirelessserviceprovider"meansapersonthat
26provideswirelessservicetothepublic.
27Sec.A284.003.AALIMITATIONONSIZEOFNETWORKNODES.
7
S.B.ANo.A1004
1(a)AAExceptasprovidedbySection284.109,anetworknodetowhich
2thischapterappliesmustconformtothefollowingconditions:
3(1)AAeachantennathatdoesnothaveexposedelements
4andisattachedtoanexistingstructureorpole:
5(A)AAmustbelocatedinsideanenclosureofnot
6morethansixcubicfeetinvolume;
7(B)AAmaynotexceedaheightofthreefeetabove
8theexistingstructureorpole;and
9(C)AAmaynotprotrudefromtheoutercircumference
10oftheexistingstructureorpolebymorethantwofeet;
11(2)AAifanantennahasexposedelementsandisattached
12toanexistingstructureorpole,theantennaandallofthe
13antennasexposedelements:
14(A)AAmustfitwithinanimaginaryenclosureofnot
15morethansixcubicfeet;
16(B)AAmaynotexceedaheightofthreefeetabove
17theexistingstructureorpole;and
18(C)AAmaynotprotrudefromtheoutercircumference
19oftheexistingstructureorpolebymorethantwofeet;
20(3)AAthecumulativesizeofotherwirelessequipment
21associatedwiththenetworknodeattachedtoanexistingstructure
22orpolemaynot:
23(A)AAbemorethan28cubicfeetinvolume;or
24(B)AAprotrudefromtheoutercircumferenceofthe
25existingstructureorpolebymorethantwofeet;
26(4)AAground-basedenclosures,separatefromthepole,
27maynotbehigherthanthreefeetsixinchesfromgrade,widerthan
8
S.B.ANo.A1004
1threefeetsixinches,ordeeperthanthreefeetsixinches;and
2(5)AApole-mountedenclosuresmaynotbetallerthan
3fivefeet.
4(b)AAThefollowingtypesofassociatedancillaryequipment
5arenotincludedinthecalculationofequipmentvolumeunder
6Subsection(a):
7(1)AAelectricmeters;
8(2)AAconcealmentelements;
9(3)AAtelecommunicationsdemarcationboxes;
10(4)AAgroundingequipment;
11(5)AApowertransferswitches;
12(6)AAcut-offswitches;and
13(7)AAverticalcablerunsfortheconnectionofpower
14andotherservices.
15(c)AAEquipmentattachedtonodesupportpolesmaynot
16protrudefromtheouteredgeofthenodesupportpolebymorethan
17twofeet.
18(d)AAEquipmentattachedtoautilitypolemustbeinstalled
19inaccordancewiththeNationalElectricalSafetyCode,subjectto
20applicablecodes,andtheutilitypoleownersconstruction
21standards.
22SUBCHAPTERB.USEOFPUBLICRIGHT-OF-WAY
23Sec.A284.051.AAAPPLICABILITYOFSUBCHAPTER.Thissubchapter
24appliesonlytoactivitiesrelatedtotransportfacilitiesfor
25networknodes,activitiesofanetworkprovidercollocatingnetwork
26nodesinthepublicright-of-wayorinstalling,constructing,
27operating,modifying,replacing,andmaintainingnodesupport
9
S.B.ANo.A1004
1polesinapublicright-of-way,andmunicipalauthorityinrelation
2tothoseactivities.
3Sec.A284.052.AAEXCLUSIVEUSEPROHIBITED.Amunicipalitymay
4notenterintoanexclusivearrangementwithanypersonforuseof
5thepublicright-of-wayfortheconstruction,operation,
6marketing,ormaintenanceofnetworknodesornodesupportpoles.
7Sec.A284.053.AAANNUALPUBLICRIGHT-OF-WAYRATE.(a)AAA
8publicright-of-wayrateforuseofthepublicright-of-waymaynot
9exceedanannualamountequalto$250multipliedbythenumberof
10networknodesinstalledinthepublicright-of-wayinthe
11municipalityscorporateboundaries.
12(b)AAAtthemunicipalitysdiscretion,themunicipalitymay
13chargeanetworkprovideralowerrateorfeeifthelowerrateor
14feeis:
15(1)AAnondiscriminatory;
16(2)AArelatedtotheuseofthepublicright-of-way;and
17(3)AAnotaprohibitedgiftofpublicproperty.
18Sec.A284.054.AAPUBLICRIGHT-OF-WAYRATEADJUSTMENT.(a)AAIn
19thissection,"consumerpriceindex"meanstheannualrevised
20ConsumerPriceIndexforAllUrbanConsumersforTexas,as
21publishedbythefederalBureauofLaborStatistics.
22(b)AAAmunicipalitymayadjusttheamountofthepublic
23right-of-wayratenotmoreoftenthanannuallybyanamountequalto
24one-halftheannualchange,ifany,intheconsumerpriceindex.
25Themunicipalityshallprovidewrittennoticetoeachnetwork
26providerofthenewrate,andtherateshallapplytothefirst
27paymentduetothemunicipalityonorafterthe60thdayfollowing
10
S.B.ANo.A1004
1thatnotice.
2Sec.A284.055.AAUSEOFPUBLICRIGHT-OF-WAYANDAPPLICABLE
3RATE.(a)AAAnetworkproviderthatwantstoconnectanetworknode
4tothenetworkusingthepublicright-of-waymay:
5(1)AAinstallitsowntransportfacilitiessubjectto
6Subsection(b);or
7(2)AAobtaintransportservicefromapersonthatis
8payingmunicipalfeestooccupythepublicright-of-waythatare
9theequivalentofnotlessthan$28pernodepermonth.
10(b)AAAnetworkprovidermaynotinstallitsowntransport
11facilitiesunlesstheprovider:
12(1)AAhasapermittousethepublicright-of-way;and
13(2)AApaystothemunicipalityamonthlypublic
14right-of-wayratefortransportfacilitiesinanamountequalto
15$28multipliedbythenumberofthenetworkprovidersnetwork
16nodeslocatedinthepublicright-of-wayforwhichtheinstalled
17transportfacilitiesprovidebackhaulunlessoruntilthetimethe
18networkproviderspaymentofmunicipalfeestothemunicipality
19exceedsitsmonthlyaggregateper-nodecompensationtothe
20municipality.
21(c)AAApublicright-of-wayraterequiredbySubsection(b)is
22inadditiontoanypublicright-of-wayraterequiredbySection
23284.053.
24Sec.A284.056.AACOLLOCATIONOFNETWORKNODESONSERVICE
25POLES.Amunicipality,subjecttoanagreementwiththe
26municipalitythatdoesnotconflictwiththischapter,shallallow
27collocationofnetworknodesonservicepolesonnondiscriminatory
11
S.B.ANo.A1004
1termsandconditionsandataratenotgreaterthan$20peryearper
2servicepole.
3Sec.A284.057.AAPROHIBITIONONOTHERCOMPENSATION.A
4municipalitymaynotrequireanetworkprovidertopayany
5compensationotherthanthecompensationauthorizedbythischapter
6fortherighttouseapublicright-of-wayfornetworknodes,node
7supportpoles,ortransportfacilitiesfornetworknodes.
8SUBCHAPTERC.ACCESSANDAPPROVALS
9Sec.A284.101.AARIGHTOFACCESSTOPUBLICRIGHT-OF-WAY.
10(a)AAExceptasspecificallyprovidedbythischapter,andsubject
11totherequirementsofthischapterandtheapprovalofapermit
12application,ifrequired,anetworkproviderisauthorized,asa
13permitteduse,withoutneedforaspecialusepermitorsimilar
14zoningreviewandnotsubjecttofurtherlanduseapproval,todo
15thefollowinginthepublicright-of-way:
16(1)AAconstruct,modify,maintain,operate,relocate,
17andremoveanetworknodeornodesupportpole;
18(2)AAmodifyorreplaceautilitypoleornodesupport
19pole;and
20(3)AAcollocateonapole,subjecttoanagreementwith
21themunicipalitythatdoesnotconflictwiththischapter.
22(b)AAAnetworkprovidertakinganactionauthorizedby
23Subsection(a)issubjecttoapplicablecodes,includingapplicable
24publicright-of-waymanagementordinances.
25Sec.A284.102.AAGENERALCONSTRUCTIONANDMAINTENANCE
26REQUIREMENTS.Anetworkprovidershallconstructandmaintain
27networknodesandnodesupportpolesdescribedbySection284.101
12
S.B.ANo.A1004
1inamannerthatdoesnot:
2(1)AAobstruct,impede,orhindertheusualtravelor
3publicsafetyonapublicright-of-way;
4(2)AAobstructthelegaluseofapublicright-of-wayby
5otherutilityproviders;
6(3)AAviolatenondiscriminatoryapplicablecodes;
7(4)AAviolateorconflictwiththemunicipalitys
8publiclydisclosedpublicright-of-waydesignspecifications;or
9(5)AAviolatethefederalAmericanswithDisabilities
10Actof1990(42U.S.C.Section12101etseq.).
11Sec.A284.103.AAGENERALLIMITATIONONPLACEMENTOFPOLES.A
12networkprovidershallensurethateachnew,modified,or
13replacementutilitypoleornodesupportpoleinstalledinapublic
14right-of-wayinrelationtowhichthenetworkproviderreceived
15approvalofapermitapplicationdoesnotexceedthelesserof:
16(1)AA10feetinheightabovethetallestexisting
17utilitypolelocatedwithin500linearfeetofthenewpoleinthe
18samepublicright-of-way;or
19(2)AA55feetabovegroundlevel.
20Sec.A284.104.AAINSTALLATIONINMUNICIPALPARKSAND
21RESIDENTIALAREAS.(a)AAAnetworkprovidermaynotinstallanew
22nodesupportpoleinapublicright-of-waywithoutthe
23municipalitysdiscretionary,nondiscriminatory,andwritten
24consentifthepublicright-of-wayisinamunicipalparkoris
25adjacenttoastreetorthoroughfarethatis:
26(1)AAnotmorethan50feetwide;and
27(2)AAadjacenttosingle-familyresidentiallotsor
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S.B.ANo.A1004
1othermultifamilyresidencesorundevelopedlandthatisdesignated
2forresidentialusebyzoningordeedrestrictions.
3(b)AAInadditiontotherequirementprescribedbySubsection
4(a),anetworkproviderinstallinganetworknodeornodesupport
5poleinapublicright-of-waydescribedbySubsection(a)shall
6complywithprivatedeedrestrictionsandotherprivate
7restrictionsintheareathatapplytothosefacilities.
8Sec.A284.105.AAINSTALLATIONINHISTORICORDESIGNDISTRICTS.
9(a)AAAnetworkprovidermustobtainadvanceapprovalfroma
10municipalitybeforecollocatingnewnetworknodesorinstallingnew
11nodesupportpolesinanareaofthemunicipalityzonedorotherwise
12designatedasahistoricdistrictorasadesigndistrictifthe
13districthasdecorativepoles.Asaconditionforapprovalofnew
14networknodesornewnodesupportpolesinahistoricdistrictora
15designdistrictwithdecorativepoles,amunicipalitymayrequire
16reasonabledesignorconcealmentmeasuresforthenewnetworknodes
17ornewnodesupportpoles.Amunicipalitymayrequestthata
18networkprovidercomplywiththedesignandaestheticstandardsof
19thehistoricordesigndistrictandexplorethefeasibilityof
20usingcertaincamouflagemeasurestoimprovetheaestheticsofthe
21newnetworknodes,newnodesupportpoles,orrelatedground
22equipment,oranyportionofthenodes,poles,orequipment,to
23minimizetheimpacttotheaestheticsinahistoricdistrictorona
24designdistrictsdecorativepoles.
25(b)AAThissectionmaynotbeconstruedtolimita
26municipalitysauthoritytoenforcehistoricpreservationzoning
27regulationsconsistentwiththepreservationoflocalzoning
14
S.B.ANo.A1004
1authorityunder47U.S.C.Section332(c)(7),therequirementsfor
2facilitymodificationsunder47U.S.C.Section1455(a),orthe
3NationalHistoricPreservationActof1966(54U.S.C.Section
4300101etseq.),andtheregulationsadoptedtoimplementthose
5laws.
6Sec.A284.106.AAEQUIPMENTCABINETS.Anetworkprovidershall
7ensurethattheverticalheightofanequipmentcabinetinstalled
8aspartofanetworknodedoesnotexceedtheheightlimitation
9prescribedbySection284.003,subjecttoapprovalofthepoles
10ownerifapplicable.
11Sec.A284.107.AACOMPLIANCEWITHUNDERGROUNDINGREQUIREMENT.
12(a)AAAnetworkprovidershall,inrelationtoinstallationfor
13whichthemunicipalityapprovedapermitapplication,complywith
14nondiscriminatoryundergroundingrequirements,including
15municipalordinances,zoningregulations,statelaw,privatedeed
16restrictions,andotherpublicorprivaterestrictions,that
17prohibitinstallingabovegroundstructuresinapublic
18right-of-waywithoutfirstobtainingzoningorlanduseapproval.
19(b)AAArequirementorrestrictiondescribedbySubsection
20(a)maynotbeinterpretedtoprohibitanetworkproviderfrom
21replacinganexistingstructure.
22Sec.A284.108.AADESIGNMANUAL.(a)AAAmunicipalitymayadopt
23adesignmanualfortheinstallationandconstructionofnetwork
24nodesandnewnodesupportpolesinthepublicright-of-waythat
25includesadditionalinstallationandconstructiondetailsthatdo
26notconflictwiththischapter.Thedesignmanualmayinclude:
27(1)AAarequirementthatanindustrystandardpoleload
15
S.B.ANo.A1004
1analysisbecompletedandsubmittedtothemunicipalityindicating
2thattheservicepoletowhichthenetworknodeistobeattached
3willsafelysupporttheload;and
4(2)AAarequirementthatnetworknodeequipmentplaced
5onnewandexistingpolesbeplacedmorethaneightfeetabove
6groundlevel.
7(b)AAAnetworkprovidershallcomplywithadesignmanual,if
8any,inplaceonthedateapermitapplicationisfiledinrelation
9toworkforwhichthemunicipalityapprovedthepermitapplication.
10AmunicipalitysobligationsunderSection284.154maynotbe
11tolledorextendedpendingtheadoptionormodificationofadesign
12manual.
13Sec.A284.109.AAEXCEPTIONS.SubjecttoSubchapterD,a
14networkprovidermayconstruct,modify,ormaintaininapublic
15right-of-wayanetworknodeornodesupportpolethatexceedsthe
16heightordistancelimitationsprescribedbythischapteronlyif
17themunicipalityapprovestheconstruction,modification,or
18maintenancesubjecttoallapplicablezoningorlanduse
19regulationsandapplicablecodes.
20Sec.A284.110.AADISCRIMINATIONPROHIBITED.Amunicipality,
21intheexerciseofthemunicipalitysadministrativeandregulatory
22authorityrelatedtothemanagementofandaccesstothepublic
23right-of-way,mustbecompetitivelyneutralwithregardtoother
24usersofthepublicright-of-way.
25SUBCHAPTERD.APPLICATIONSANDPERMITS
26Sec.A284.151.AAPROHIBITIONOFCERTAINMUNICIPALACTIONS.
27(a)AAExceptasotherwiseprovidedbythischapter,amunicipality
16
S.B.ANo.A1004
1maynotprohibit,regulate,orchargefortheinstallationor
2collocationofnetworknodesinapublicright-of-way.
3(b)AAAmunicipalitymaynotdirectlyorindirectlyrequire,
4asaconditionforissuingapermitrequiredunderthischapter,
5thattheapplicantperformservicesunrelatedtotheinstallation
6orcollocationforwhichthepermitissought,includingin-kind
7contributionssuchasreservingfiber,conduit,orpolespacefor
8themunicipality.
9(c)AAAmunicipalitymaynotinstituteamoratorium,inwhole
10orinpart,expressordefacto,on:
11(1)AAfiling,receiving,orprocessingapplications;or
12(2)AAissuingpermitsorotherapprovals,ifany,for
13theinstallationofnetworknodesornodesupportpoles.
14Sec.A284.152.AAAUTHORITYTOREQUIREPERMIT.(a)AAExceptas
15otherwiseprovidedbythischapter,amunicipalitymayrequirea
16networkprovidertoobtainoneormorepermitstoinstallanetwork
17node,nodesupportpole,ortransportfacilityinapublic
18right-of-wayifthepermit:
19(1)AAisofgeneralapplicabilitytousersofthepublic
20right-of-way;
21(2)AAdoesnotapplyexclusivelytonetworknodes;and
22(3)AAisprocessedonnondiscriminatorytermsand
23conditionsregardlessofthetypeofentitysubmittingthe
24applicationforthepermit.
25(b)AAAnetworkproviderthatwantstoinstallorcollocate
26multiplenetworknodesinsidetheterritorialjurisdictionofa
27singlemunicipalityisentitledtofileaconsolidatedpermit
17
S.B.ANo.A1004
1applicationwiththemunicipalityfornotmorethan30network
2nodesandreceivepermitsfortheinstallationorcollocationof
3thosenetworknodes.
4Sec.A284.153.AAGENERALPROCESSRELATINGTOPERMIT
5APPLICATION.(a)AAExceptasotherwiseprovidedbythissection,a
6municipalitymaynotrequireanapplicanttoprovidemore
7informationtoobtainthepermitthanatelecommunicationsutility
8thatisnotanetworkproviderisrequiredtoprovideunlessthe
9informationdirectlyrelatestotherequirementsofthischapter.
10(b)AAAspartofthestandardformforapermitapplication,a
11municipalitymayrequiretheapplicanttoincludeapplicable
12constructionandengineeringdrawingsandinformationtoconfirm
13thattheapplicantwillcomplywiththemunicipalityspublicly
14disclosedpublicright-of-waydesignspecificationsandapplicable
15codes.
16(c)AAAmunicipalitymayrequireanapplicanttoprovide:
17(1)AAinformationreasonablyrelatedtotheproviders
18useofthepublicright-of-wayunderthischaptertoensure
19compliancewiththischapter;
20(2)AAacertificatethatthenetworknodecomplieswith
21applicableregulationsoftheFederalCommunicationsCommission;
22and
23(3)AAcertificationthattheproposednetworknodewill
24beplacedintoactivecommercialservicebyorforanetwork
25providernotlaterthanthe60thdayafterthedatetheconstruction
26andfinaltestingofthenetworknodeiscompleted.
27Sec.A284.154.AAMUNICIPALREVIEWPROCESS.(a)AAA
18
S.B.ANo.A1004
1municipalityshallprocesseachpermitapplicationona
2nondiscriminatorybasis.
3(b)AANotlaterthanthe30thdayafterthedatethe
4municipalityreceivesanapplicationforapermitforanetwork
5nodeornodesupportpole,orthe10thdayafterthedatethe
6municipalityreceivesanapplicationforapermitforatransport
7facility,themunicipalityshalldeterminewhethertheapplication
8iscompleteandnotifytheapplicantofthatdetermination.Ifthe
9municipalitydeterminesthattheapplicationisnotcomplete,the
10municipalityshallspecificallyidentifythemissinginformation.
11(c)AAAmunicipalityshallapproveanapplicationthatdoes
12notrequirezoningorlanduseapprovalunderthischapterunless
13theapplicationorthecorrespondingworktobeperformedunderthe
14permitdoesnotcomplywiththemunicipalitysapplicablecodesor
15othermunicipalrules,regulations,orotherlawthatisconsistent
16withthischapter.
17(d)AAAmunicipalitymustapproveordenyanapplicationfora
18nodesupportpolenotlaterthanthe150thdayafterthedatethe
19municipalityreceivesthecompleteapplication.Amunicipality
20mustapproveordenyanapplicationforanetworknodenotlater
21thanthe60thdayafterthedatethemunicipalityreceivesthe
22completeapplication.Amunicipalitymustapproveordenyan
23applicationforatransportfacilitynotlaterthanthe21stday
24afterthedatethemunicipalityreceivesacompleteapplication.
25Anapplicationforapermitforanodesupportpole,networknode,
26ortransportfacilityshallbedeemedapprovediftheapplication
27isnotapprovedordeniedonorbeforetheapplicabledatefor
19
S.B.ANo.A1004
1approvalordenialprescribedbythissubsection.
2(e)AAAmunicipalitythatdeniesacompleteapplicationmust
3documentthebasisforthedenial,includingthespecific
4applicablecodeprovisionsorothermunicipalrules,regulations,
5orotherlawonwhichthedenialwasbased.Themunicipalityshall
6sendthedocumentationbyelectronicmailtotheapplicantonor
7beforethedatethemunicipalitydeniestheapplication.
8(f)AANotlaterthanthe30thdayafterthedatethe
9municipalitydeniestheapplication,theapplicantmaycurethe
10deficienciesidentifiedinthedenialdocumentationandresubmit
11theapplicationwithoutpayinganadditionalapplicationfee,other
12thanafeeforactualcostsincurredbythemunicipality.
13NotwithstandingSubsection(d),themunicipalityshallapproveor
14denytherevisedcompletedapplicationafteradenialnotlater
15thanthe90thdayafterthedatethemunicipalityreceivesthe
16completedrevisedapplication.Themunicipalitysreviewofthe
17revisedapplicationislimitedtothedeficienciescitedinthe
18denialdocumentation.
19Sec.A284.155.AATIMEOFINSTALLATION.(a)AAAnetwork
20providershallbegintheinstallationforwhichapermitisgranted
21notlaterthansixmonthsafterfinalapprovalandshalldiligently
22pursuetheinstallationtocompletion.
23(b)AANotwithstandingSubsection(a),themunicipalitymay
24placealongertimelimitoncompletionorgrantreasonable
25extensionsoftimeasrequestedbythenetworkprovider.
26Sec.A284.156.AAAPPLICATIONFEES.(a)AAAmunicipalitymay
27chargeanapplicationfeeforapermitonlyifthemunicipality
20
S.B.ANo.A1004
1requiresthepaymentofthefeeforsimilartypesofcommercial
2developmentinsidethemunicipalitysterritorialjurisdiction
3otherthanatypeforwhichapplicationorpermitfeesarenot
4allowedbylaw.
5(b)AATheamountofanapplicationfeechargedbya
6municipalitymaynotexceedthelesserof:
7(1)AAtheactual,direct,andreasonablecoststhe
8municipalitydeterminesareincurredingrantingorprocessingan
9applicationthatarereasonablyrelatedintimetothetimethe
10costsofgrantingorprocessinganapplicationareincurred;or
11(2)AA$500perapplicationcoveringuptofivenetwork
12nodes,$250foreachadditionalnetworknodeperapplication,and
13$1,000perapplicationforeachpole.
14(c)AAIndeterminingforpurposesofSubsection(b)(1)the
15amountoftheactual,direct,andreasonablecosts,the
16municipalitymaynot:
17(1)AAincludecostsincurredbythemunicipalityin
18relationtothird-partylegalorengineeringreviewofan
19application;or
20(2)AAdirectpaymentsorreimbursementofthird-party
21publicright-of-wayratesorfeeschargedonacontingencybasisor
22underaresult-basedarrangement.
23Sec.A284.157.AACERTAINWORKEXEMPTED.(a)AANotwithstanding
24anyotherprovisionofthischapter,amunicipalitymaynotrequire
25anetworkprovidertosubmitanapplication,obtainapermit,orpay
26aratefor:
27(1)AAroutinemaintenancethatdoesnotrequire
21
S.B.ANo.A1004
1excavationorclosingofsidewalksorvehicularlanesinapublic
2right-of-way;
3(2)AAreplacingorupgradinganetworknodeorpolewith
4anodeorpolethatissubstantiallysimilarinsizeorsmallerand
5thatdoesnotrequireexcavationorclosingofsidewalksor
6vehicularlanesinapublicright-of-way;or
7(3)AAtheinstallation,placement,maintenance,
8operation,orreplacementofmicronetworknodesthatarestrungon
9cablesbetweenexistingpolesornodesupportpoles,incompliance
10withtheNationalElectricalSafetyCode.
11(b)AAForpurposesofSubsection(a)(2):
12(1)AAanetworknodeorpoleisconsideredtobe
13"substantiallysimilar"if:
14(A)AAtheneworupgradednetworknode,including
15theantennaorotherequipmentelement,willnotbemorethan10
16percentlargerthantheexistingnode,providedthattheincrease
17maynotresultinthenodeexceedingthesizelimitationsprovided
18bySection284.003;and
19(B)AAtheneworupgradedpolewillnotbemorethan
2010percenthigherthantheexistingpole,providedthatthe
21increasemaynotresultinthepoleexceedingtheapplicableheight
22limitationsprescribedbySection284.103;
23(2)AAthereplacementorupgradedoesnotinclude
24replacementofanexistingnodesupportpole;and
25(3)AAthereplacementorupgradedoesnotdefeat
26existingconcealmentelementsofanodesupportpole.
27(c)AAThedeterminationunderSubsection(b)(1)ofwhethera
22
S.B.ANo.A1004
1replacementorupgradeissubstantiallysimilarismadeby
2measuringfromthedimensionsofthenetworknodeornodesupport
3poleasapprovedbythemunicipality.
4(d)AANotwithstandingSubsection(a):
5(1)AAamunicipalitymayrequireadvancenoticeofwork
6describedbythatsubsection;
7(2)AAanetworkprovidermayreplaceorupgradeapole
8onlywiththeapprovalofthepolesowner;and
9(3)AAthesizelimitationsmaynotinanyeventexceed
10theparametersprescribedbySection284.003withoutthe
11municipalitysapprovalinaccordancewithSection284.109,with
12themunicipalityactingonbehalfofthisstateasthefiduciary
13trusteeofpublicproperty.
14SUBCHAPTERE.ACCESSTOMUNICIPALLYOWNEDUTILITYPOLES
15Sec.A284.201.AAUSEOFMUNICIPALLYOWNEDUTILITYPOLES.
16(a)AAThegoverningbodyofamunicipallyownedutilityshallallow
17collocationofnetworknodesonmunicipallyownedutilitypoleson
18nondiscriminatorytermsandconditionsandpursuanttoanegotiated
19poleattachmentagreement,includinganyapplicablepermitting
20requirementsofthemunicipallyownedutility.
21(b)AATheannualpoleattachmentrateforthecollocationofa
22networknodesupportedbyorinstalledonamunicipallyowned
23utilitypoleshallbebasedonapoleattachmentrateconsistent
24withSection54.204,UtilitiesCode,appliedonaper-footbasis.
25(c)AATherequirementsofSubchaptersB,C,andDapplicable
26totheinstallationofanetworknodesupportedbyorinstalledona
27poledonotapplytoanetworknodesupportedbyorinstalledona
23
S.B.ANo.A1004
1municipallyownedutilitypole.
2SUBCHAPTERF.EFFECTONOTHERUTILITIESANDPROVIDERS
3Sec.A284.251.AADEFINITIONS.Inthissubchapter:
4(1)AA"Cableservice"and"videoservice"havethe
5meaningsassignedbySection66.002,UtilitiesCode.
6(2)AA"Electriccooperative"hasthemeaningassignedby
7Section11.003,UtilitiesCode.
8(3)AA"Electricutility"hasthemeaningassignedby
9Section31.002,UtilitiesCode.
10(4)AA"Telecommunicationsprovider"hasthemeaning
11assignedbySection51.002,UtilitiesCode.
12(5)AA"Telephonecooperative"hasthemeaningassigned
13bySection162.003,UtilitiesCode.
14Sec.A284.252.AAEFFECTONINVESTOR-OWNEDELECTRICUTILITIES,
15ELECTRICCOOPERATIVES,TELEPHONECOOPERATIVES,AND
16TELECOMMUNICATIONSPROVIDERS.Nothinginthischaptershallgovern
17attachmentofnetworknodesonpolesandotherstructuresownedor
18operatedbyinvestor-ownedelectricutilities,electric
19cooperatives,telephonecooperatives,ortelecommunications
20providers.Thischapterdoesnotconferonmunicipalitiesanynew
21authorityoverthoseutilities,cooperatives,orproviders.
22Sec.A284.253.AAEFFECTONPROVIDERSOFCABLESERVICESOR
23VIDEOSERVICES.(a)AAAnapprovalfortheinstallation,placement,
24maintenance,oroperationofanetworknodeortransportfacility
25underthischaptermaynotbeconstruedtoconferauthorizationto
26provide:
27(1)AAcableserviceorvideoservicewithoutcomplying
24
S.B.ANo.A1004
1withalltermsofChapter66,UtilitiesCode;or
2(2)AAinformationserviceasdefinedby47U.S.C.
3Section153(24),ortelecommunicationsserviceasdefinedby47
4U.S.C.Section153(53),inthepublicright-of-way.
5(b)AAExceptasprovidedbythischapter,amunicipalitymay
6notadoptorenforceanyregulationsorrequirementsthatwould
7requireawirelessserviceprovider,oritsaffiliate,thatholdsa
8cableorvideofranchiseunderChapter66,UtilitiesCode,to
9obtainanyadditionalauthorizationortopayanyfeesbasedonthe
10providersprovisionofwirelessserviceoveritsnetworknodes.
11SUBCHAPTERG.GENERALCONDITIONSOFACCESS
12Sec.A284.301.AALOCALPOLICE-POWER-BASEDREGULATIONS.
13(a)AASubjecttothischapterandapplicablefederalandstatelaw,
14amunicipalitymaycontinuetoexercisezoning,landuse,planning,
15andpermittingauthorityinthemunicipalitysboundaries,
16includingwithrespecttoutilitypoles.
17(b)AAAmunicipalitymayexercisethatauthoritytoimpose
18police-power-basedregulationsforthemanagementofthepublic
19right-of-waythatapplytoallpersonssubjecttothemunicipality.
20(c)AAAmunicipalitymayimposepolice-power-based
21regulationsinthemanagementoftheactivitiesofnetwork
22providersinthepublicright-of-wayonlytotheextentthatthe
23regulationsarereasonablynecessarytoprotectthehealth,safety,
24andwelfareofthepublic.
25Sec.A284.302.AAINDEMNIFICATION.Theindemnification
26provisionsofSections283.057(a)and(b)applytoanetwork
27provideraccessingapublicright-of-wayunderthischapter.
25
S.B.ANo.A1004
1Sec.A284.303.AARELOCATION.Exceptasprovidedinexisting
2stateandfederallaw,anetworkprovidershallrelocateoradjust
3networknodesinapublicright-of-wayinatimelymannerand
4withoutcosttothemunicipalitymanagingthepublicright-of-way.
5Sec.A284.304.AAINTERFERENCE.(a)AAAnetworkprovidershall
6operateallnetworknodesinaccordancewithallapplicablelaws,
7includingregulationsadoptedbytheFederalCommunications
8Commission.
9(b)AAAnetworkprovidershallensurethattheoperationofa
10networknodedoesnotcauseanyharmfulradiofrequency
11interferencetoaFederalCommunicationsCommission-authorized
12mobiletelecommunicationsoperationofthemunicipalityoperating
13atthetimethenetworknodewasinitiallyinstalledor
14constructed.Onwrittennotice,anetworkprovidershalltakeall
15stepsreasonablynecessarytoremedyanyharmfulinterference.
16SECTIONA2.AA(a)AAInthissection,"collocation,""network
17node,""networkprovider,"and"publicright-of-way"havethe
18meaningsassignedbySection284.002,LocalGovernmentCode,as
19addedbythisAct.
20(b)AAPublic/privateagreementsbetweenamunicipalityanda
21networkproviderforthedeploymentofnetworknodesinthepublic
22right-of-wayonfairandreasonabletermsasprovidedbyChapter
23284,LocalGovernmentCode,asaddedbythisAct,andcorresponding
24ordinancesgoverningthatdeployment,arenecessarytoprotectthe
25health,safety,andwelfareofthepublicbyfacilitatingrobust
26anddependablewirelessnetworks.Accordingly,thoseagreements
27andordinancesshallbeconformedasprovidedbythissection.
26
S.B.ANo.A1004
1(c)AASubjecttoSubsection(d)ofthissection,therates,
2terms,andconditionsofagreementsandordinancesenteredintoor
3enactedbeforetheeffectivedateofthisActshallapplytoall
4networknodesinstalledandoperationalbeforetheeffectivedate
5ofthisAct.
6(d)AAForallnetworknodesinstalledandoperationalonor
7aftertheeffectivedateofthisAct:
8(1)AAifarate,term,orconditionofanagreementor
9ordinancerelatedtotheconstruction,collocation,operation,
10modification,ormaintenanceofnetworknodesdoesnotcomplywith
11therequirementsofChapter284,LocalGovernmentCode,asaddedby
12thisAct,amunicipalityshallamendtheagreementorordinanceto
13complywiththerequirementsofChapter284,LocalGovernmentCode,
14asaddedbythisAct,andtheamendedrates,terms,orconditions
15shalltakeeffectforthosenetworknodesonthesix-month
16anniversaryoftheeffectivedateofthisAct;and
17(2)AAtherates,terms,andconditionsofeachagreement
18executed,andeachordinanceenacted,onoraftertheeffective
19dateofthisActshallcomplywiththerequirementsofChapter284,
20LocalGovernmentCode,asaddedbythisAct.
21SECTIONA3.AAThisActtakeseffectSeptember1,2017.
27
S.B.ANo.A1004
______________________________AAAA______________________________
PresidentoftheSenateAAAAAAAAAAAAASpeakeroftheHouse
IherebycertifythatS.B.ANo.A1004passedtheSenateon
April6,2017,bythefollowingvote:YeasA29,NaysA0,twopresent
notvoting;andthattheSenateconcurredinHouseamendmenton
MayA25,2017,bythefollowingvote:YeasA29,NaysA0,twopresent
notvoting.
______________________________
AAAASecretaryoftheSenate
IherebycertifythatS.B.ANo.A1004passedtheHouse,with
amendment,onMay18,2017,bythefollowingvote:YeasA140,
NaysA6,twopresentnotvoting.
______________________________
AAAAChiefClerkoftheHouse
Approved:
______________________________
AAAAAAAAAAAAADate
______________________________
AAAAAAAAAAAGovernor
28
August 22, 2017
Denton City Council
Senate Bill 1004 (Small Cellular Antennas)
Presentation regarding the Implementation of
Key provisions of the law
Purpose/Background of SB 1004 (small cell)Highlights of SB 1004•Implementation Plan
Topics for Discussion:•••
Legislative Session
th
Signed by Governor Abbott in early JuneEstablishes Chapter 284 of the Local Gov’t CodeGoes into effect on September 1, 2017
Authored by Senator Hancock in the 85•••Allows the cellular industry to install small antennas/nodes within the City’s rights-of-way
Purpose/Background –Senate Bill 1004
••
Update state law regarding new technologiesMeet customer demandEasier rollout of new 5G technology and beyondOne size fits all approachBaseline approval processes, timelines, and feesIncluding
certain design elements
Increase cellular network coverage across the state•••Requires compliance by all cities•••
Its purpose was to:••
Purpose/Background –Senate Bill 1004
•
What does a small cell node look like?
Purpose/Background –Senate Bill 1004
Purpose/Background –Senate Bill 1004
Examples of what a small cell node looks like:
Purpose/Background –Senate Bill 1004 Examples of what a small cell node looks like:
Who are players in this field?
Purpose/Background –Senate Bill 1004
to be installed in the
Includes use of existing utility and traffic polesYes, even DME’s poles
City’s rights-of-way••
Mandates that small cell nodes and polesEstablishes City permit requirementsEstablishes time line (shot clock) for City approvalEstablishes maximum fee structure the City can charge
Highlights of SB 1004
Key Provisions of SB 1004; Chapter 284 LGC••••
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$500 for up to 5 network nodes; $250 for each additional nodeAnnual node site rental: $250 per node$1,000 for a new pole; $250 annual pole rentalMonthly rental: $28 for each network
transfer facility
Highlights of SB 1004 Key Provisions of SB 1004; Chapter 284 LGC Permit shot clock requirements:Fee structure:••••
support infrastructure
Municipal parksResidential areasHistorical and Design districtsMaximum size of node; pole heightAllows for enclosures and camouflaging of nodes and
•••••
Defines zoning restrictions of node and pole installationsAllows for certain design elements
Highlights of SB 1004 Key Provisions of SB 1004; Chapter 284 LGC••
Design elements:
Highlights of SB 1004 Key Provisions of SB 1004; Chapter 284 LGC
Meetings with cell providers to understand their plansDrafting new ordinancesDrafting design standardsDrafting license and application formsStaff attending information sessions at NCTCOGReceiving/sha
ring information with other cities
City’s Implementation Plan••••••
Planning & Zoning Commission: August 9Public Utility Board: August 14Historic Landmark Commission: August 14
Seeking approval of ordinance by City Council: August 22Post information on City website: August 23Begin receiving applications: September 1
Sent Informal Staff Report to City Council on July 28, 2017Presented to:•••
City’s Implementation Plan•••••
Design Manual OrdinanceFee OrdinanceService Pole Agreement OrdinanceMOU Pole Attachment Ordinance
Recommendation That the City Council approve the following ordinances to implement Senate Bill 1004••••
Is very favorable to the cellular industryIt’s one size fits allThis is a work in progress
SB 1004 goes into effect September 1, 2017•All cities in Texas are affected••It directs the processes/methodology/pricing for citiesProvides very limited options for regulating
Requires that cities approve small cell deployments in the city’s right-of-way
In Conclusion•••••
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1138,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton adopting and approving fees related to implementation
of Chapter 284, Tex. Local Gov’t Code; and providing an effective date.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Mario Canizares
DATE: August 22, 2017
SUBJECT
Consider adoption of an ordinance of the City of Denton adopting and approving fees related to
implementation of Chapter 284, Tex. Local Gov’t Code; and providing an effective date.
BACKGROUND
th
In the 85 Legislative Session, the Texas Legislature passed and Governor Abbott signed into law, Senate
Bill 1004 (small cellular antennas or nodes). The new law goes into effect statewide on September 1, 2017.
It is also a mandate for cities on the requirements and methodology to allow wireless telecommunication
companies to install small cellular nodes on new and existing utility poles within the City’s right-of-way.
The new law erodes the City’s ability to manage its right-of-way by establishing the maximum fees cities
can charge, the timing in which permits must be reviewed and approved, and prohibits the ability to deny
requests or place moratoriums on additional device installations.
According to the cellular industry the nodes are necessary as consumers continue to migrate towards solely
using cellular communications in their homes and businesses. To that end, the need for additional coverage
is necessary due to public demand. This is also a strategy for the telecom industry as it begins to rollout the
new 5G technology.
Based on the impending timing of the new law, cities across the state are working to establish the requisite
ordinances, design manuals, application forms, and internal review processes to be in compliance by
September 1.
The following are highlights of the new law:
Mandates that network nodes and their support poles to be installed in the City’s right-of-way
o Includes the use of existing utility poles, traffic signal poles, and the installation of new
poles
o Restricts the installation of nodes on existing decorative poles
o Allows for some restrictions in historic and design districts (i.e. install decorative poles,
reasonable design and concealment restrictions)
o Sets height at a 55-foot maximum
Establishes permit requirements
o Generally required for a node, support pole, and transfer facility
o Up to 30 network nodes are allowed per permit
o Prohibits cities from issuing permits for routine maintenance, replacing or upgrading the
existing node
Establishes time line (shot clock) on City’s permit approval process and Telecom’s installation
o Network node permit request: 30 days for the City to determine completeness; 60 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Node support pole permit: 30 days for the City to determine completeness; 150 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Transfer facility: 10 days for the City to determine completeness; 21 days to approve or
deny, and if not acted upon in this timeframe the permit is granted
o If a permit is denied for being incomplete the applicant may resubmit a completed
application within 30 days; the City has 90 days to act on resubmitted applications
Establishes the fee structure:
Network Nodes:
o Application fee: $500 for up to five network nodes, $250 for each addition network node
on a permit
o Annual node site rental rate: $250 per node site, annual CPI adjustment is allowed
Node Support Poles:
o Application fee: $1,000 each pole
o Annual pole rental rate: $250 per pole site
Defines the restriction of node and pole installations by zoning districts
o Municipal parks that meet certain criteria
o Residential areas that meet certain criteria
o Historical districts that meet certain criteria
o Design districts that meet certain criteria
Allows for cities to establish a design manual
o The adopted design manual would establish the City’s design guidelines regarding the
aesthetics of the nodes, the support poles, the nodes enclosure, and the camouflaging of the
electrical supply
Several City departments have been working together over the last several weeks to determine the best
course of action. Based on the recommendations of staff a series of ordinances have been drafted to guide
the implementation of this new legislation. This includes the fee ordinance, design manual and its
enabling ordinance, service pole license agreement, and municipality owned utility license agreement and
its enabling ordinance.
OPTIONS
This new law is an unfunded mandate established by the Texas Legislature and is set to go into effect
September 1, 2017. Unfortunately, there are minimal options available to consider.
RECOMMENDATION
Consider approval of several ordinance related to SB 1004:
Fee ordinance,
Design manual and its enabling ordinance;
Service pole license agreement;
Municipality owned utility license agreement and its enabling ordinance
ESTIMATED SCHEDULE OF PROJECT
Not applicable for this item
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The information related to SB 1004 has been discussed and reviewed in work session for input with the
following City Boards and Commissions:
Planning & Zoning Commission: August 9, 2017
Public Utility Board: August 14, 2017
Historical Landmark Committee: August 14, 2017
FISCAL INFORMATION
At this early stage of the implementation for Senate Bill 1004 it is difficult to calculate the fiscal impact to
the City. The fees are set by the new state law. The revenues generated and expenditures incurred are all
contingent on the number of applications made by the cellular provider.
BID INFORMATION
Not applicable for this item.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
Respectfully submitted:
Mario Canizares
Assistant City Manager
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1139,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton adopting and approving a uniform Chapter 284 service
pole wireless network node collocation attachment license agreement; authorizing the City Manager or
designee to execute said agreements; and providing an effective date.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Mario Canizares
DATE: August 22, 2017
SUBJECT
Consider adoption of an ordinance of the City of Denton adopting and approving a uniform Chapter 284
service pole wireless network node collocation attachment license agreement; authorizing the City
Manager or designee to execute said agreements; and providing an effective date.
BACKGROUND
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In the 85 Legislative Session, the Texas Legislature passed and Governor Abbott signed into law, Senate
Bill 1004 (small cellular antennas or nodes). The new law goes into effect statewide on September 1, 2017.
It is also a mandate for cities on the requirements and methodology to allow wireless telecommunication
companies to install small cellular nodes on new and existing utility poles within the City’s right-of-way.
The new law erodes the City’s ability to manage its right-of-way by establishing the maximum fees cities
can charge, the timing in which permits must be reviewed and approved, and prohibits the ability to deny
requests or place moratoriums on additional device installations.
According to the cellular industry the nodes are necessary as consumers continue to migrate towards solely
using cellular communications in their homes and businesses. To that end, the need for additional coverage
is necessary due to public demand. This is also a strategy for the telecom industry as it begins to rollout the
new 5G technology.
Based on the impending timing of the new law, cities across the state are working to establish the requisite
ordinances, design manuals, application forms, and internal review processes to be in compliance by
September 1.
The following are highlights of the new law:
Mandates that network nodes and their support poles to be installed in the City’s right-of-way
o Includes the use of existing utility poles, traffic signal poles, and the installation of new
poles
o Restricts the installation of nodes on existing decorative poles
o Allows for some restrictions in historic and design districts (i.e. install decorative poles,
reasonable design and concealment restrictions)
o Sets height at a 55-foot maximum
Establishes permit requirements
o Generally required for a node, support pole, and transfer facility
o Up to 30 network nodes are allowed per permit
o Prohibits cities from issuing permits for routine maintenance, replacing or upgrading the
existing node
Establishes time line (shot clock) on City’s permit approval process and Telecom’s installation
o Network node permit request: 30 days for the City to determine completeness; 60 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Node support pole permit: 30 days for the City to determine completeness; 150 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Transfer facility: 10 days for the City to determine completeness; 21 days to approve or
deny, and if not acted upon in this timeframe the permit is granted
o If a permit is denied for being incomplete the applicant may resubmit a completed
application within 30 days; the City has 90 days to act on resubmitted applications
Establishes the fee structure:
Network Nodes:
o Application fee: $500 for up to five network nodes, $250 for each addition network node
on a permit
o Annual node site rental rate: $250 per node site, annual CPI adjustment is allowed
Node Support Poles:
o Application fee: $1,000 each pole
o Annual pole rental rate: $250 per pole site
Defines the restriction of node and pole installations by zoning districts
o Municipal parks that meet certain criteria
o Residential areas that meet certain criteria
o Historical districts that meet certain criteria
o Design districts that meet certain criteria
Allows for cities to establish a design manual
o The adopted design manual would establish the City’s design guidelines regarding the
aesthetics of the nodes, the support poles, the nodes enclosure, and the camouflaging of the
electrical supply
Several City departments have been working together over the last several weeks to determine the best
course of action. Based on the recommendations of staff a series of ordinances have been drafted to guide
the implementation of this new legislation. This includes the fee ordinance, design manual and its
enabling ordinance, service pole license agreement, and municipality owned utility license agreement and
its enabling ordinance.
OPTIONS
This new law is an unfunded mandate established by the Texas Legislature and is set to go into effect
September 1, 2017. Unfortunately, there are minimal options available to consider.
RECOMMENDATION
Consider approval of several ordinance related to SB 1004:
Fee ordinance,
Design manual and its enabling ordinance;
Service pole license agreement;
Municipality owned utility license agreement and its enabling ordinance
ESTIMATED SCHEDULE OF PROJECT
Not applicable for this item
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The information related to SB 1004 has been discussed and reviewed in work session for input with the
following City Boards and Commissions:
Planning & Zoning Commission: August 9, 2017
Public Utility Board: August 14, 2017
Historical Landmark Committee: August 14, 2017
FISCAL INFORMATION
At this early stage of the implementation for Senate Bill 1004 it is difficult to calculate the fiscal impact to
the City. The fees are set by the new state law. The revenues generated and expenditures incurred are all
contingent on the number of applications made by the cellular provider.
BID INFORMATION
Not applicable for this item.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Ordinance & Agreement
Respectfully submitted:
Mario Canizares
Assistant City Manager
CITYOFDENTON
CHAPTER284SERVICEPOLECOLLOCATIONATTACHMENTLICENSEAGREEMENT
TABLEOFCONTENTS
PageNo.
ARTICLE1.PARTIES.........................................................................................................7
1.1.ADDRESSES...........................................................................................................7
ARTICLE2.DEFINITIONS..................................................................................................7
ARTICLE3.CHAPTER284GRANTANDSCOPEOFAUTHORIZATIONTOCOLLOCATE
NETWORKNODESONSERVICEPOLES..........................................................13
3.1.CITYGRANTOFPERMISSIONINACCORDANCEWITHCHAPTER284................13
3.2.SCOPEOFAGREEMENT......................................................................................13
3.3.UNAUTHORIZEDNETWORKNODEONSERVICEPOLES.....................................13
ARTICLE4.APPLICATIONFORAPERMITTOCOLLOCATEONASERVICEPOLE................14
4.1.APPLICATIONFORAPERMITTOCOLLOCATIONANETWORKNODEONA
SERVICEPOLE.....................................................................................................14
4.2.REVIEWPROCESSFORANAPPLICATIONFORCOLLOCATIONOFA
NETWORKNODEONASERVICEPOLEPERMIT.(ch.284,Sec.284.154)...........16
ARTICLE5.CHAPTER284RENTALFEESANDOTHERPAYMENTS....................................17
5.1.NETWORKNODESITEANNUALRENTALRATE.(Ch.284,Sec.284.053)...........17
5.2.COLLOCATIONATTACHMENTONSERVICEPOLEFEE.(Ch.284,Sec.
284.056).............................................................................................................17
5.3.MONTHLYTRANSPORTFACILITYFEE.(Ch.284,Sec.284.055)..........................18
5.4.APPLICATIONFEES.(Ch.284,Sec.284.156)......................................................20
5.5.OTHERPAYMENTS.............................................................................................20
5.6.NONFUNCTIONINGNETWORKNodes..............................................................20
5.7.PAYMENT...........................................................................................................20
5.8.REIMBURSEMENT..............................................................................................20
5.9.PAYMENTLIMITS...............................................................................................20
5.10.COMPLIANCEREVIEW........................................................................................21
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5.11.PERMITSCONDITIONEDONPAYMENTSBEINGCURRENT................................21
ARTICLE6.DESIGNMANUAL,PUBLICRIGHTOFWAYMANAGEMENTORD.
COMPLIANCEANDRELATEDREQUIREMENTS..............................................21
6.1.AESTHETICREQUIREMENTS...............................................................................21
6.2.INSTALLATION....................................................................................................22
6.3.INSPECTIONS......................................................................................................22
6.4.PLACEMENT.......................................................................................................22
6.5.ELECTRICALSUPPLY...........................................................................................22
6.6.TRANSPORTFACILITYFIBERCONNECTION........................................................23
6.7.GENERATORS.....................................................................................................23
6.8.EQUIPMENTDIMENSIONS.................................................................................23
6.9.TREEMAINTENANCE..........................................................................................23
6.10.SIGNAGE.............................................................................................................23
6.11.REPAIR................................................................................................................23
6.12.GRAFFITIABATEMENT.......................................................................................23
ARTICLE7.RADIOINTERFERENCEBYNETWORKNODEPROHIBITED.(CH.284,SEC.
284.304).......................................................................................................24
7.1.NOLIABILITY.......................................................................................................24
7.2.NOINTERFERENCE.............................................................................................24
ARTICLE8.ABANDONMENT,RELOCATIONANDREMOVAL...........................................25
8.1.ABANDONMENTOFOBSOLETENETWORKNODE.............................................25
8.2.REMOVALREQUIREDBYCITY............................................................................25
8.3.REMOVALORRELOCATIONBYLICENSEE..........................................................26
8.4.REMOVALORRELOCATIONREQUIREDFORCITYPROJECT...............................26
8.5.REMOVALREQUIREDAFTERTERMINATIONOREXPIRATIONOFLICENSE........26
8.6.REMOVALREQUIREDAFTERREVOCATION.......................................................27
8.7.OWNERSHIP.......................................................................................................27
8.8.RESTORATION....................................................................................................27
8.9.LICENSEERESPONSIBLE......................................................................................27
8.10.ALLOCATIONOFFUNDSFORREMOVALANDSTORAGE...................................27
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ARTICLE9.ENVIRONMENTALLAWREQUIREMENTS......................................................28
ARTICLE10.SECURITY.....................................................................................................28
ARTICLE11.INDEMNIFICATION,INSURANCEANDLIABILITY...........................................28
ARTICLE12.TERMANDTERMINATION............................................................................28
12.1.TERM..................................................................................................................28
12.2.RENEWALS.........................................................................................................28
12.3.TERMINATIONFORCAUSEBYCITY....................................................................28
12.4.TERMINATIONBYLICENSEE...............................................................................29
12.5.AUTOMATICTERMINATION...............................................................................30
ARTICLE13.TRANSFEROFAUTHORITY............................................................................30
13.1.ASSIGNMENT......................................................................................................30
13.2.BUSINESSSTRUCTUREANDASSIGNMENTS.......................................................30
ARTICLE14.INVENTORYANDINSPECTIONS....................................................................31
14.1.INVENTORYRECORDS........................................................................................31
14.2.INSPECTIONS......................................................................................................31
14.3.CONFIDENTIALINFORMATION..........................................................................31
ARTICLE15.MISCELLANEOUS..........................................................................................32
15.1.FORCEMAJEURE................................................................................................32
15.2.DISPUTERESOLUTION........................................................................................32
15.3.ACCEPTANCEANDAPPROVAL;CONSENT..........................................................33
15.4.REPRESENTATIONSANDWARRANTIES..............................................................33
15.5.STATEMENTOFACCEPTANCE............................................................................34
15.6.RELATIONSHIPOFTHEPARTIES.........................................................................34
15.7.SEVERABILITY.....................................................................................................34
15.8.ENTIREAGREEMENT..........................................................................................34
15.9.WRITTENAMENDMENT.....................................................................................34
15.10.APPLICABLELAWSANDVENUE.........................................................................34
15.11.NOTICES.............................................................................................................35
15.12.CAPTIONS...........................................................................................................35
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15.13.NONWAIVER.....................................................................................................35
15.14.ENFORCEMENT..................................................................................................36
15.15.AMBIGUITIES......................................................................................................36
15.16.SURVIVAL...........................................................................................................36
15.17.RESERVED...........................................................................................................36
15.18.PARTIESININTEREST.........................................................................................36
15.19.REMEDIESCUMULATIVE....................................................................................36
15.20.LICENSEEDEBT...................................................................................................36
15.21.PARTSINCORPORATED......................................................................................37
15.22.CONTROLLINGPARTS.........................................................................................37
15.23.SIGNATURES.......................................................................................................37
4
ListofExhibits:
Exhibit\[xxx\]ApplicationforCollocationonServicePolePermit.
5
CITYOFDENTON
CHAPTER284SERVICEPOLECOLLOCATIONATTACHMENTLICENSEAGREEMENT
STATEOFTEXAS§
DENTONCOUNTY§
This ServicePoleCollocationAttachmentLicenseAgreement Λͻ!ŭƩĻĻƒĻƓƷͼΜismadeby
andbetweentheCityofDentonΛͻ/źƷǤͼΜͲaTexashomerulemunicipalcorporation,and
_____________,ΛͻbĻƷǞƚƩƉtƩƚǝźķĻƩͼorͻ\[źĭĻƓƭĻĻͼΜͲa_____________\[stateandtypeoflegal
entity\]withitsprincipalofficesat______________.PursuanttoTex.Loc.Gov.Code,Chapter
284Λͻ/ŷğƦƷĻƩЋБЍͼΜͲSection284.056andSection284.101(a)(3),theCityentersintothis
AgreementtofurtherdetailthetermsandconditionsofCollocationofattachmentsofwireless
NetworkNodestoandonCityServicePoles.
RECITALS
WHEREAS,Licensee,aNetworkProvider,asthattermisdefinedinChapter284,is
requestingtoCollocate,whichincludesattachments,asthattermisdefinedinChapter284,its
NetworkNodes,asdefinedinChapter284,toandonthe/źƷǤƭServicePoles,asthattermis
definedinChapter284,thatareinthePublicRightofWaytotheextentpermittedbyChapter
284;and
WHEREAS,Chapter284states ͻ totheextentthisstatehasdelegateditsfiduciary
responsibilitytomunicipalitiesasmanagersofavaluablepublicasset,thepublicrightofway,
thisstateisactinginitsroleasalandownerinbalancingtheneedsofthepublicandtheneeds
ofthenetworkprovidersbyallowingaccesstothepublicrightofwaytoplacenetworknodesin
thepublicrightofwaystrictlywithinthetermsofthisĭŷğƦƷĻƩͼͳand
WHEREAS,Chapter284statesͻΝźΞƷisthepolicyofthisstate,subjecttostatelawand
strictlywithintherequirementsandlimitationsprescribedbythischapter,thatmunicipalities:
(1)retaintheauthoritytomanagethepublicrightofwaytoensurethehealth,safety,and
receivefromnetworkprovidersfairandreasonablecompensation
welfareofthepublic;and(2)
foruseofthepublicrightofwayandforcollocationonƦƚƌĻƭͼͳand
WHEREAS,Section253oftheFederalCommunicationsActof1934,asamended,
including47U.S.C.§253,acknowledgesthattheCityhastheauthoritytomanageandcontrol
accesstoanduseofthePublicRightofWaywithintheCitylimits;and
WHEREAS,theCityhasbeenauthorizedbytheStatetoactasfiduciaryandtrusteefor
thepublic,inexercisingproprietaryrightsinitsdiscretiontograntuseofthePublicRightofWay
withintheCitylimitsandconditionthatuseinaccordancewithChapter284;and
WHEREAS,Chapter284,Section284.101(a)(b),etal,setforththeconditionstoaccess
andCollocationonthe/źƷǤƭServicePolesthatareinthePublicRightofWayoftheNetwork
NodestoincludecompliancewiththeApplicableCodes,andPublicRightofWayManagement
6
Ordinances,andtheChapter284limitstotheheight,width,safetyandaestheticrequirements
ofNetworkNodes;and
WHEREAS,theLicenseeshallcompensatetheCitypursuanttoapplicablestatelaw,
includingChapter284,forthecollocationoftheNetworkNodesonServicePolesinthe/źƷǤƭ
PublicRightofWay;and
WHEREAS,the\[źĭĻƓƭĻĻƭnonexclusiveuseatlocationsinitsPublicRightofWay,are
subjecttothetermsandconditionssetforthherein,andpursuanttoPermitsissuedbytheCity
Engineer;and
WHEREAS,theCityandLicenseedesirebythisAgreementtosetforththeirunderstanding
ofsuchmatters.
NOWTHEREFORE,inconsiderationofthemutualcovenantsandagreementscontained
hereinbelow,CityandLicenseeagreeasfollows:
ARTICLE1.PARTIES
1.1.ADDRESSES
Theinitialaddressoftheparties,whicheitherpartymaychangeatanytimebygivingwritten
noticetotheotherpartypursuanttothetermsofthisAgreement,areasfollows:
CityofDenton
Attn:ToddHileman,CityManager
215E.McKinneySt.
Denton,Texas76201
Email:todd.hileman@cityofdenton.com
NetworkProviderandLicensee
_____________________________
Attn:_______________________
Street________
Texas,_________
Email:________________
ARTICLE2.DEFINITIONS
2.1.AsusedinthisAgreement,thedefinitionsasusedinTex.Loc.Gov.Code,Chapter284,
1
Sec.284.002shallbeused,unlessotherwisenotedinSection2.1,below:
2.1.1.Abandon anditsderivativesmeansthefacilitiesinstalledintherightofway
(includingbywayofexamplebutnotlimitedto:poles,wires,conduit,manholes,
7
handholes,cuts,networknodesandnodesupportpoles,orportionthereof)that
havebeenleftbyProviderinanunusedornonfunctioningconditionformore
than120consecutivecalendardaysunless,afternoticetoProvider,Providerhas
establishedtothereasonablesatisfactionoftheCitythattheapplicable
facilities,orportionthereof,isstillinactiveuse.
2.1.2.Affiliate means(a)anyentitywho(directlyorindirectly)ownsorcontrols,is
ownedorcontrolledby,orisundercommonownershiporcontrolwiththe
Licensee;(b)anyentityacquiringsubstantiallyalloftheassetsofLicenseeinthe
marketdefinedbytheFederalCommunicationsCommissioninwhichthe
Locationsarelocated;or(c)anysuccessorentityinamerger,acquisition,or
otherbusinessreorganizationinvolvingLicensee.Forpurposesofthis
definition,ͻƚǞƓͼmeanstoownanequityorotherfinancialinterest(orthe
equivalentthereof)ofmorethan10percentoranymanagementinterest.
2.1.3.Agreement meansthiscontractbetweentheParties,includinganyexhibitsand
anywrittenamendmentsasauthorizedbythisAgreement.
2.1.4.Antenna meanscommunicationsequipmentthattransmitsorreceives
electromagneticradiofrequencysignalsusedintheprovisionofwireless
services.
2.1.5.ApplicableCodeorCodes meansuniformbuilding,fire,electrical,plumbing,or
mechanicalcodesadoptedbyarecognizednationalcodeorganization;andlocal
amendmentstothosecodestotheextentnotinconsistentwithChapter284.
2.1.6.City isdefinedinthepreambleofthisAgreementandincludesitssuccessorsand
assigns.
2.1.7.CityAttorney meansthecurrentlyappointedoractingCityAttorneyorhis/her
designee.
2.1.8.CityEngineer meansthecityengineerfortheCityfrom/źƷǤƭPublicWorks
Department,oritssuccessordepartment,orapersonheorshedesignates.
2.1.9.CityManager meansthecurrentandsuccessorCityManageroftheCity.
2.1.10.Collocate andC ollocation meantheinstallation,mounting,maintenance,
modification,operation,orreplacementofnetworknodesinapublicrightof
wayonoradjacenttoapole.
2.1.11.ConcealmentorCamouflaged meansanyWirelessFacilityorPolethatis
covered,blended,painted,disguised,camouflagedorotherwiseconcealedsuch
thattheWirelessFacilityblendsintothesurroundingenvironmentandisvisually
unobtrusiveasallowedasaconditionforCityadvanceapprovalunderChapter
284,Sec.284.105inHistoricorDesignDistricts.AConcealedorCamouflaged
WirelessFacilityorPolealsoincludesanyWirelessFacilityorPoleconformingto
8
thesurroundingareainwhichtheWirelessFacilityorPoleislocatedandmay
include,butisnotlimitedtohiddenbeneathafaçade,blendedwithsurrounding
areadesign,paintedtomatchthesupportingarea,ordisguisedwithartificial
treebranches.
2.1.12.DecorativePole meansastreetlightpolespeciallydesignedandplacedfor
aestheticpurposesandonwhichnoappurtenancesorattachments,otherthan
speciallydesignedinformationalordirectionalsignageortemporaryholidayor
specialeventattachments,havebeenplacedorarepermittedtobeplaced
accordingtonondiscriminatorymunicipalcodes.
2.1.13.DesignDistrict meansanareathatiszoned,orotherwisedesignatedby
municipalcode,andforwhichthecitymaintainsandenforcesuniquedesignand
aestheticstandardsonauniformandnondiscriminatorybasis.
2.1.14.DesignManual meanstheCityDesignManualfortheInstallationofNetwork
NodesandNodeSupportPolespursuanttoTex.Loc.Gov.Code,Chapter284
enactedandadoptedbytheCityinaccordancewithChapter284,Sec.284.108.
2.1.15.DisasterEmergency or Disaster or Emergency meansanimminent,impending,
oractualnaturalorhumanlyinducedsituationwhereinthehealth,safety,or
welfareoftheresidentsofthecityisthreatened,andincludes,butisnot
limitedtoanydeclarationofemergencybycitystateorfederalgovernmental
authorities.
2.1.16.DistributedAntennaSystemorDAS shallbeincludedasatypeofͻbĻƷǞƚƩƉ
bƚķĻ͵ͼ
2.1.17.EffectiveDate meansthatdatesignedbytheCityManageronthesignaturepage
ofthisAgreementforeachrespectiveLicensee.
2.1.18.GroundEquipment meansaWirelessFacilitythatislocatedonthesurfaceofthe
PublicRightofWayinanapprovedpermitthatisimmediatelyadjacenttothe
PoleonwhichtheNetworkNodeislocated.
2.1.19.HistoricDistrict recognizedbytheCity,stateorfederalgovernmentunderthe
CityCodeofOrdinances,StateLaw,including,butnotlimitedto,Sec.442.001(3)
oftheTexasGovernmentCode,afederallaw,including,butnotlimitedto,16
U.S.C.§470.
2.1.20.HistoricLandmark recognizedbytheCity,stateorfederalgovernmentunderthe
CityCodeofOrdinances,StateLaw,including,butnotlimitedto,Sec.442.001(3)
oftheTexasGovernmentCode,afederallaw,including,butnotlimitedto,16
U.S.C.§470.
2.1.21.Law meanscommonlaworafederal,state,orlocallaw,statute,code,rule,
regulation,order,orordinance
9
2.1.22.Licensee and NetworkProvider means_______\[Addnameofentity,stateand
typeofentity\]andincludesitssuccessorsandassigns.
2.1.23.Location meansthelocationofaServicePoleinthePublicRightofWayinwhich
obtained
LicenseeisauthorizedtoplaceitsNetworkNode,providedthatithas
allPermits.
2.1.24.MacroTower meansaguyedorselfsupportedpoleormonopolegreaterthan
theheightparametersprescribedbyChapter284,Section284.103andthat
supportsoriscapableofsupportingantennas.
2.1.25.MicroNetworkNode meansanetworknodethatisnotlargerindimensionthan
24inchesinlength,15inchesinwidth,and12inchesinheight,andthathasan
exteriorantenna,ifany,notlongerthan11inches.
2.1.26.Modification meansanyworkinthePublicRightofWay,oralterationofa
WirelessFacilitythatisnotsubstantiallysimilarinsizeorisachangeinthe
WirelessCğĭźƌźƷǤƭlocationinthePublicRightofWayoritsphysicalpositionon
thePoleexceptthosealterationsorchangesthatareexceptedfromrequiringa
permitunderChapter284,Sec.284.157(a)and(b)donotconstitute
Modifications.
2.1.27.MunicipalPark meansanareathatiszonedorotherwisedesignatedby
municipalcodeasapublicparkforthepurposeofrecreationalactivity.
2.1.28.MunicipallyOwnedUtilityPole meansautilitypoleownedoroperatedbya
municipallyownedutility,asdefinedbySection11.003,UtilitiesCode,and
locatedinapublicrightofway.
2.1.29.MUTCD meansManualofUniformTrafficControlDevices.
2.1.30.NetworkNode meansequipmentatafixedlocationthatenableswireless
communicationsbetweenuserequipmentandacommunicationsnetwork.The
term:(A)includes:(i)equipmentassociatedwithwirelesscommunications;(ii)a
radiotransceiver,anantenna,abatteryonlybackuppowersupply,and
comparableequipment,regardlessoftechnologicalconfiguration;and
(iii)coaxialorfiberopticcablethatisimmediatelyadjacenttoanddirectly
associatedwithaparticularcollocation;and(B)doesnotinclude:(i)anelectric
generator;(ii)apole;or(iii)amacrotower.
2.1.31.NetworkProvider means:(A)awirelessserviceprovider;or(B)apersonthat
doesnotprovidewirelessservicesandthatisnotanelectricutilitybutbuildsor
installsonbehalfofawirelessserviceprovider:(i)networknodes;or(ii)node
supportpolesoranyotherstructurethatsupportsoriscapableofsupportinga
networknode.
10
2.1.32.Party or Parties meantheLicenseeandCity,individuallyorcollectivelyas
indicatedinthecontextinwhichitappears.
2.1.33.OtherParty or OtherParties meansaChapter284WirelessServiceproviderwho
isnotaPartytothisAgreement.
2.1.34.NodeSupportPole meansapoleinstalledbyanetworkproviderfortheprimary
purposeofsupportinganetworknode.
2.1.35.Permit meansawrittenauthorizationfortheuseofthepublicrightofwayor
collocationonaservicepolerequiredfromamunicipalitybeforeanetwork
providermayperformanactionorinitiate,continue,orcompleteaprojectover
whichthemunicipalityhaspolicepowerauthority.
2.1.36.Pole meansaservicepole,municipallyownedutilitypole,nodesupportpole,or
utilitypole
2.1.37.Provider hasthesamemeaningasͻbĻƷǞƚƩƉtƩƚǝźķĻƩ͵ͼ
2.1.38.PublicRightofWay meanstheareaon,below,oraboveapublicroadway,
highway,street,publicsidewalk,alley,waterway,orutilityeasementinwhich
themunicipalityhasaninterest.Thetermdoesnotinclude:(A)aprivate
easement;or(B)theairwavesaboveapublicrightofwaywithregardto
wirelesstelecommunications.
2.1.39.PublicRightofWayRate meansanannualrentalchargepaidbyanetwork
providertoamunicipalityrelatedtotheconstruction,maintenance,or
operationofnetworknodeswithinaPublicRightofWayintheCitypursuantto
Chapter284,Sec.284.053.
2.1.40.RentalFeesmeans asdescribedinArticle5herein.
2.1.41.School meansaneducationalinstitutionthatoffersacourseofinstructionfor
studentsinoneormoregradesfromkindergartenthroughgrade12
2.1.42.ServicePole meansapole,otherthanamunicipallyownedutilitypole,owned
oroperatedbyamunicipalityandlocatedinapublicrightof=way,including:
(A)apolethatsupportstrafficcontrolfunctions;(B)astructureforsignage;(C)
apolethatsupportslighting,otherthanadecorativepole;and(D)apoleor
similarstructureownedoroperatedbyamunicipalityandsupportingonly
networknodes.
2.1.43.SmallCell shallbeincludedasatypeofͻbĻƷǞƚƩƉbƚķĻ͵ͼ
2.1.44.Street meansonlythepavedportionofthePublicRightofWayusedfor
vehiculartravel,beingtheareabetweentheinsideofthecurbtotheinsideof
theoppositecurb,ortheareabetweenthetwoparalleledgesofthepaved
11
roadwayforvehiculartravelwherethereisnocurb.Aͻ{ƷƩĻĻƷͼisgenerallypart
of,butsmallerinwidththanthewidthoftheentirerightofway,whileaPublic
RightofWaymayincludesidewalksandutilityeasements,aͻ{ƷƩĻĻƷͼdoesnot.
orthesidewalk,ifeitherarepresentatthe
AͻƭƷƩĻĻƷͼdoesnotincludethecurb
timeofapermitapplicationorifaddedlater.
2.1.45.TAS meansTexasAccessibilityStandards.
2.1.46.TrafficSignal meansanydevice,whethermanually,electrically,ormechanically
operatedbywhichtrafficisalternatelydirectedtostopandtoproceed.
2.1.47.TransportFacility meanseachtransmissionpathphysicallywithinapublicright
ofway,extendingwithaphysicallinefromanetworknodedirectlytothe
network,forthepurposeofprovidingbackhaulfornetworknodes
2.1.48.UndergroundRequirementArea shallmeanmeansanareawherepoles,
overheadwires,andassociatedoverheadorabovegroundstructureshavebeen
removedandburiedorhavebeenapprovedforburialundergroundpursuantto
municipalordinances,zoningregulations,statelaw,privatedeedrestrictions,
andotherpublicorprivaterestrictions,thatprohibitinstallingaboveground
structuresinapublicrightofway.
2.1.49.UtilityPole meansapolethatprovides:(A)electricdistributionwithavoltage
ratingofnotmorethan34.5kilovolts;or(B)servicesofatelecommunications
provider,asdefinedbyChapter284,Section51.002,UtilitiesCode.
2.1.50.WirelessService meansanyservice,usinglicensedorunlicensedwireless
spectrum,includingtheuseofWiFi,whetheratafixedlocationormobile,
providedtothepublicusinganetworknode.
2.1.51.WirelessServiceProvider meansapersonthatprovideswirelessservicetothe
public.
2.1.52.WirelessFacilities meanͻaźĭƩƚNetworkbƚķĻƭͲͼͻbĻƷǞƚƩƉbƚķĻƭͲͼandͻbƚķĻ
SupporttƚƌĻƭͼasdefinedinTexasLocalGovernmentCodeChapter284
2.2Whennotinconsistentwiththecontext,wordsusedinthepresenttenseincludethe
future,wordsusedinthepluralnumberincludethesingularnumber,andwordsinthe
singularincludetheplural.
2.3.Thewordͻƭŷğƌƌͼisalwaysmandatoryandnotmerelypermissive.
2.4.ͻLƓĭƌǒķĻͼandͻźƓĭƌǒķźƓŭͲͼandwordsofsimilarimport,shallbedeemedtobefollowed
bythewordsͻǞźƷŷƚǒƷƌźƒźƷğƷźƚƓ͵ͼ
12
ARTICLE3.CHAPTER284GRANTANDSCOPEOFAUTHORIZATIONTOCOLLOCATE
NETWORKNODESONSERVICEPOLES.
3.1.CITYGRANTOFPERMISSIONINACCORDANCEWITHCHAPTER284.
3.1.1.OnlytotheextentrequiredbyChapter284,Sec.284.056andSec.284.101(a)
(3)doestheCitygrantLicenseetherighttoenterthePublicRightofWayand
toCollocateNetworkNodefacilitiesonServicePolesinthePublicRightofWay,
subjecttothetermsofthisAgreementandChapter284.
3.1.2.ThisAgreementdoesnotconferanyotherrightsnotdescribedhereinnordoes
itpermitLicenseeorthirdpartiestousethePublicRightofWayorServicePoles
forpurposesnotspecifiedinthisAgreement,excepttotheextentotherwise
expresslyallowedbylaw.
3.1.3.ThisAgreementdoesnotauthorizetheLicenseetoinstallequipmentand
facilitiesassociatedwithorforMacroTowersinthePublicRightofWay.
3.1.4.NetworkProvidermusthaveanexistingAgreementwiththeCitytoapplyfor
andbegrantedaPermittouseortoinanywayCollocateNetworkNodefacilities
onServicePoles.
3.2.SCOPEOFAGREEMENT
3.2.1.ThisAgreementisnotexclusiveandtheCityreservestherighttogrant
permissiontoenterthePublicRightofWayandtouseServicePolesinthe
PublicRightofWaytoCollocateNetworkNodefacilitiestoothereligibleand
qualifiedOtherPartiesunderChapter284.
3.2.2.Exceptasexpresslyprovidedherein,thisAgreementdoesnotgrantLicenseethe
authoritytograntanyrightsunderthisAgreementtoanyOtherPartywithout
thewrittenconsentoftheCityinaseparateagreementinaccordancewith
Chapter284.
3.2.3.ThisAgreementonlyauthorizesCollocationofNetworkNodeonServicePoles
inthePublicRightofWayanddoesnotconferanyrightsorpermissiontoinstall
orotherwisecollocateNetworkNodeonanyotherPolesortoplacesuch
NetworkNodeinthePublicRightofWay.
3.2.4.ThisAgreementdoesnotgranttotheLicenseeaninterestinanyproperty,real
orpersonal.
3.3.UNAUTHORIZEDNETWORKNODEONSERVICEPOLES.
3.3.1.TheCityManagershalldeemasunauthorizedanytypeofNetworkNode
attachedorCollocatedtoaServicePoleifthereisnoAgreement,evenifitwas
inadvertentlyandincorrectlypermitted.TheCityManagerathisorhersole
13
discretionmay,upon30dayswrittennotice,removeorrequiretheLicenseeto
removeunauthorizedNetworkNodeat\[źĭĻƓƭĻĻƭexpensewithoutanyliability
totheCity.TheCitywillinvoiceandLicenseeshallreimbursetheCitywithin30
unauthorized
daysofreceiptoftheinvoiceforthe/źƷǤƭcostofremovalof
NetworkNode.
3.3.2.AnyModificationtoaNetworkNodemustbeapprovedbytheCityEngineer
exceptforthosemodifications,repairs,routinemaintenanceorrelatedwork
thatdonotrequireapermitunderChapter284,Sec.284.157(a)and(b),
howeverevenforthosemodifications,repairs,routinemaintenanceorrelated
workthatdonotrequireapermitunderChapter284,Sec.284.157(a)and(b),
advancenoticeshallbegivenviawrittenletter(whichmaybedeliveredbyhand
orothermethod)oranacknowledgedemailtransmissionbytheNetwork
beprovidedtotheCityas
ProvidertotheCitycontactlistedinArticleIshall
allowedbyChapter284,Sec.284.157(d)(1)(3).
ARTICLE4.APPLICATIONFORAPERMITTOCOLLOCATEONASERVICEPOLE.
4.1.APPLICATIONFORAPERMITTOCOLLOCATIONANETWORKNODEONASERVICEPOLE.
4.1.1.ApplicationforCollocationonServicePolePermit.PriortoCollocationofa
NetworkNodeonaServicePoleorinstallationoftherelatedGroundEquipment
adjacenttoaServicePole,LicenseeshallcompleteandsubmittotheCity
EngineertheApplicationforCollocationofaNetworkNodeonaServicePole
Location,attachedasExhibit\[xxx\]Ν5ƩğŅƷĻƩƭbƚƷĻ/źƷǤƭŷƚǒƌķƦƩĻƦğƩĻğŅƚƩƒ
ğƦƦƌźĭğƷźƚƓΞ asarepresentativesample,andthefollowing:
4.1.1.1.FeeforApplicationforCollocationonServicePolePermitDuewith
Application.
(a)CitywillchargeanapplicationandpermitfeefortheApplicationfor
CollocationofaNetworkNodeonaServicePoleLocationinaccordance
withChapter284,Sec.284.156.
(b)LicenseeshallpaytheCitytheCh.284,Sec.284.156applicationand
permitfeesatthetimeofthesubmittaloftheapplicationforthepermits.
ExceptasprovidedforinthisAgreement,applicationandpermitfeesare
nonrefundable.
4.1.1.2.DocumentsnecessaryforthereviewoftheApplicationforCollocation
ofaNetworkNodeonaServicePoleLocation,andasreasonablyrequestedby
theCityEngineerasmayberequestedbyChapter284,includebutarenot
limitedto:
4.1.1.2.1.MapshowingexactintendedlocationoftheNetworkNode
anditsdistancefromadesignatedHistoricLandmark,Park,orSchool,
UtilityPole,NodeSupportPole,andotherNetworkNodesonaService
14
Pole,ifany,anddepictingthesidewalks,andrampsontosidewalks
requiredbyApplicableCodes,TAS,orotherlaw,includingtheAmericans
withDisabilitiesAct,andpavedstreetsurfaceandutilityeasements;
4.1.1.2.2.Representativedrawingsorpicturesoftheintended
NetworkNodeasintendedtobeCollocatedontheServicePole;and
4.1.1.2.3.Engineeringandconstructionplansanddrawingsrelatedto
theCollocationoftheNetworkNodeontheServicePole,including
wheretheproposedTransportFacilitieswillbeconnectedtothe
NetworkNodeaselectricalpowerconnections.
4.1.1.3.Requiredindustrystandardpoleloadanalysis:InstallationsonallService
Polesshallhaveanindustrystandardpoleloadanalysiscompletedandsubmitted
totheCitywitheachpermitapplicationindicatingthattheServicePoletowhich
theNetworkNodeistobeattachedwillsafelysupporttheload,inaccordance
withChapter284.108.Anapplicationwillnotbeacceptedascompleteorwillbe
deemedtohavenotbeenacceptedwithouttheappropriateengineeringanalysis.
4.1.1.4.Heightofattachments:AllattachmentsonallServicePolesshallbeat
least8feetabovegrade,inaccordancewithChapter284,Sec.285.108(a)(1)(2)
andifaNetworkNodeattachmentisprojectingtowardthestreet,forthesafety
andprotectionofthepublicandvehiculartraffic,theattachmentshallbeinstalled
nolessthansixteen(16)feetabovetheground.
4.1.1.5.InstallationsonTrafficSignals:InstallationsonallTrafficSignalstructures
mustnotinterferewiththeintegrityofthefacilityinanywaythatmay
compromisethesafetyofthepublicandmustbeinaccordancewithan
agreementasallowedbyChapter284,Sec.285.056andSec.284.101(a)(3),and
(b).InstallationofNetworkNodefacilitiesonanyTrafficSignalstructuresshall:
i.Beencasedinaseparateconduitthanthetrafficlightelectronics;
ii.HaveaseparateelectricpowerconnectionthantheTrafficSignal
structure;and
iii.HaveaseparateaccesspointthantheTrafficSignalstructure.
iv.Shallnotalter,punctureordrillintotheTrafficSignalstructure.
4.1.1.6.InstallationsonStreetsignage:InstallationsonallStreetsignage
structuresmustnotinterferewiththeintegrityofthefacilityinanywaythatmay
compromisethesafetyofthepublic.InstallationofNetworkNodefacilitiesonany
Streetsignagestructuresthathaselectronicsshall:
i.BeencasedinaseparateconduitthananyStreetsignageelectronics;
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ii.HaveaseparateelectricpowerconnectionthantheStreetsignage
structure;
iii.HaveaseparateaccesspointthantheStreetsignagestructure;
iv.Willnotalter,punctureordrillintotheStreetstructure.
4.1.2.NetworkProvidershallcomplywithanyadditionalrequirementsimposedby
ApplicableCodesorLaw,theDesignManualordirectionsoftheCityManagerconcerning
collocatingitsNetworkNodesonanyServicePole.ComplianceistobewiththeLawand
DesignManualineffectatthetimeoftheApplicationforCollocationofaNetworkNode
onaServicePoleLocation.
4.1.3.IftheapplicantisnotthesameastheLicenseelistedontheApplicationfor
CollocationofaNetworkNodeonaServicePoleorinstallationoftherelatedGround
Equipment,theLicenseeshallsigntheapplicationorprovidealetterofagency
satisfactorytotheCityAttorneyandispresumedtobetheowneroftheNetworkNode,
andGroundEquipmentandshallbefullyresponsibleforthemandtheRentalFeesasset
forthastheLicenseeandNetworkProviderinthisAgreement.
4.2.REVIEWPROCESSFORANAPPLICATIONFORCOLLOCATIONOFANETWORKNODEONA
SERVICEPOLEPERMIT.(CH.284,SEC.284.154)
4.2.1.TheCityEngineershallreviewanApplicationforCollocationofaNetworkNode
onaServicePoleorinstallationoftherelatedGroundEquipmentonaService
Poleforcompletenessandactinthetimeallowed,withnotificationstothe
Licensee,asprescribedinChapter284,Sec.284.154.
4.2.2.TheCityEngineershallreviewtheApplicationforCollocationofaNetworkNode
onaServicePoletodetermine:
4.2.2.1.IftherequestedsitehasalreadybeenapprovedasaLocationfor
OtherParties,inwhichinstancethatLocationshallnolongerbeavailableand
applicationshallbedenied;
4.2.2.2.Ifalltherequireddocumentationhasbeenprovided;
4.2.2.3.CompliancewiththerequirementsoftheApplicableCodesorLaw
andDesignManualandthisAgreement;
4.2.2.4.Thatwrittenpermissionhasbeenobtainedbyapplicablepartiesas
requiredbythisAgreement;and
4.2.2.5.Compliancewithapplicableconstruction,engineering,design
specifications,ApplicableCodesandlaws,andotherapplicablerequirements,
includingtheAmericanswithDisabilitiesAct.
4.2.3.TheCityEngineershalldenyarequestedApplicationforCollocationofa
NetworkNodeonaServicePoleifthe\[źĭĻƓƭĻĻƭapplicationisnotincompliance
withtheApplicableCodesorLaw,theDesignManualandthisAgreement.
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4.2.4.LicenseeshallnotinstallaNetworkNodewithouttherequisitePermit(s).
4.2.5.TheCityEngineershallforwardtotheCityManagereachapprovedGISorStreet
addressandrelatedinformationintheApplicationforCollocationofaNetwork
NodeonaServicePolewhenaPermitisapproved.
ARTICLE5.CHAPTER284RENTALFEESANDOTHERPAYMENTS
5.1.NETWORKNODESITEANNUALRENTALRATE.(CH.284,SEC.284.053)
5.1.1 AnnualNetworkNodeRate.LicenseeshallpaytheCityannually$250perNetwork
NodesiteinaccordancewithCh.284.,Sec.284.053(a)theNetworkNodePublicRight
ofWayRateforeachLocationforwhichLicenseehasobtainedPermit(s)regardlessof
whetherornotaLicenseeinstallsNetworkNodesinthePublicRightofWay.Exceptas
providedforinthisAgreement,theannualNetworkNodePublicRightofWayRateis
nonrefundable.
5.1.2.InitialAnnualNetworkNodeRateProRated.TheannualNetworkNodePublic
RightofWayRatepaymentforthefirstyearatanyLocationΛͻLƓźƷźğƌAnnualNetwork
NodetğǤƒĻƓƷͼΜbeginsaccruingwhenthePermitisissuedandisdue30daysafter
LicenseeobtainsaPermittoinstallorcollocateaNetworkNodeattheLocation.TheInitial
AnnualNetworkNodePaymentshallbeproratedforthemonthsremaininginthe
thePermitissuancedate.
calendaryearafter
5.1.3.SubsequentYearsAnnualNetworkNodeRateDueDate.TheannualNetworkNode
PublicRightofWayRateforeveryyearaftertheInitialAnnualNetworkNodePayment
shallbepaidinadvanceonorbeforeDecember31ofeachcalendaryearforeach
inthePublicRightofWayforthenextcalendaryearperiod.
NetworkNode
5.1.4 AnnualNetworkNodeRateAdjustment.PursuanttoCh.284,Sec.284.054onor
abouteachOctoberofeachyearafterOctober2017theCityintendstoadjusttheannual
NetworkNodePublicRightofWayRatebyanamountequaltoonehalftheannual
change,cumulativesinceSept.1,2017,ifany,intheConsumerPriceIndexforAllUrban
ConsumersforTexas,aspublishedbythefederalBureauofLaborStatistics.TheCityshall
providewrittennoticetoeachNetworkProviderofthenewrate,andtherateshallapply
tothefirstpaymentduetothemunicipalityonorafterthe60thdayfollowingthatnotice.
Itisthe/źƷǤƭintentthatthenewadjustedNetworkNodePublicRightofWayRatebe
effectiveeachyearbyDecember31inordertoapplyandbeginaccruingJanuary1ofthe
yearfollowingtheNoticeoftheadjustmentintheNetworkNodeSitePublicRightofWay
Rate.
5.2.COLLOCATIONATTACHMENTONSERVICEPOLEFEE.(CH.284,SEC.284.056)
5.2.1 AnnualCollocationonServicePoleAttachmentFee.LicenseeshallpaytheCity
annually$20foreachNetworkNodePermittedtobeCollocatedonServicePolein
accordancewithCh.284.,Sec.284.056foreachLocationforwhichLicenseehasobtained
Permit(s)tocollocateaNetworkNodeonaServicePoleregardlessofwhetherornota
17
LicenseecollocatesaNetworkNodeonaServicePole.Exceptasprovidedforinthis
Agreement,thisfeeisnonrefundable.
5.2.2.InitialAnnualCollocationonServicePoleAttachmentFeeProRated.Theannual
collocationonServicePoleattachmentfeepaymentforthefirstyearatanyLocation
ΛͻLƓźƷźğƌAnnualCollocationonServicePoleAttachmentFeetğǤƒĻƓƷͼΜbeginsaccruing
whenthepermitisissuedandisdue30daysafterLicenseeobtainsaPermittoinstallor
collocateaNetworkNodeattheLocation.TheInitialAnnualCollocationonServicePole
AttachmentFeePaymentshallbeproratedforthemonthsremaininginthecalendar
yearafterthepermitissuancedate.
5.2.3.SubsequentYearsAnnualCollocationonServicePoleAttachmentFeeDueDate.
TheannualCollocationonServicePoleattachmentfeeforeveryyearaftertheInitial
PaymentshallbepaidinadvanceonorbeforeDecember31ofeachcalendaryearfor
eachNetworkNodeinthePublicRightofWayforthenextcalendaryearperiod.
5.3.MONTHLYTRANSPORTFACILITYFEE.(CH.284,SEC.284.055)
5.3.1 MonthlyTransportFacilityFee.TotheextentNetworkProviderhasTransport
FacilitiesPermittedfromtheNetworkNodesinthePublicRightofWayitshallpaythe
CityinaccordancewiththeCh.284,Sec.284.055(b)amonthlyTransportFacilitiesFee
onaquarterlybasisassetoutbelowinSec.5.3.3,whichbeginsaccruingwhenthePermit
isissuedandisonthesamequarterlyaccesslinescheduleforquarterlycalendarperiod
coveredandquarterlypaymentscheduleasinChapter283oftheLocalGov.Code.Except
asprovidedforinthisAgreement,theMonthlyTransportFacilityFeeisnonrefundable
5.3.2Licenseemayeither:
(a)InaccordancewithCh.284.,Sec.284.055(a)(1),installitsownTransport
Facilities,subjecttoTransportFacilityFeepaymentsassetoutinSubsection5.3.3,
below;or
(b)InaccordancewithCh.284.,Sec.284.055(a)(2)obtaintransportservicefrom
apersonthatispayingtheCityfeestooccupythePublicRightofWaythatarethe
equivalentofnotlessthan$28perNetworkNodesitepermonth,forwhichthe
Cityshallrequireindependentreasonableverificationthattheproviderof
TransportFacilityservicetotheNetworkProviderhaspaidtheCityinthe
correspondingcalendarquarterlytimeperiodapaymentinanamountthatis
equivalenttoorgreaterthantheTransportFacilityfeedueforthatquarterly
paymentforthesameandcorrespondingcalendarquarterperiodthatthe
NetworkProviderwouldhavebeenduetopaythecityforthecalendarquarteras
setoutinSubsection5.3.4.,below.
5.3.3.MonthlyTransportFacilityFeepayment.InaccordancewithCh.284.,Sec.284.055
(b),theNetworkProvidershallpaytotheCityanamountequalto$28multipliedbythe
numberoftheNetworkProvider'sNetworkNodeslocatedinthePublicRightofWayfor
whichtheinstalledTransportFacilitiesprovidebackhaulunlessoruntilthetimethe
18
NetworktƩƚǝźķĻƩƭpaymentofmunicipalrightsofwayfeesforuseofthePublicRight
ofWaystotheCityfromthatsameandcorrespondingcalendarquarterperiodthat
exceedsitsmonthlyaggregatepernodecompensationtotheCitydueforthatcalendar
inSubsection5.3.4.,below.
quarter,subjecttotheverificationassetout
5.3.3.1.QuarterlyDueDatesofTransportFacilityFeePayments.TheMonthly
TransportFacilityFeebeginsaccruingwhenthePermitisissuedandisonthesame
quarterlyaccesslinescheduleforquarterlycalendarperiodcoveredandquarterly
paymentscheduleasinChapter283oftheLocalGov.Code.TheNetworkProvider
shallpaytheCitytheMonthlyTransportFacilityFeepaymentonaquarterly
calendaryearbasisforeachcalendarquarter,45daysaftertheendofthe
precedingcalendarquarterthemonthlyPublicRightofWayrateforTransport
Facilities.
5.3.4 AlternativeQuarterlyTrueupVerificationReport.IfNetworkProviderutilizesthe
Ch.284.,Sec.284.055(a)(2)optiontoobtaintransportservicefromapersonthatis
payingmunicipalfeestooccupythePublicRightofWayorutilizestheCh.284,Sec.
284.055(a)(1),optionandinstallitsownTransportFacilitiesandassertsthatithaspaid
theCityinanamountthatisequivalenttoorgreaterthantheTransportFacilityfeedue
forthatquarterlyperiodforthesameandcorrespondingcalendarquarterperiodthat
wouldhavebeenduefromtheNetworkProvidertotheCityforthecalendarquarterthen:
(a)45daysaftertheendofeachcalendarquartertheNetworkProvidershall
providetotheCityaQuarterlyTrueupVerificationReportdocumentingthose
equivalentorgreaterpaymentstotheCity.
(b)ThisverificationreportistoallowtheCitytoverifythatthecorresponding
immediatelyprecedingpastquarterlypaymentsduetheCityforTransferFacilities
foreachNetworkNodeTransferFacilitythattheCityhasreceivedfromthe
NetworkProviderorfromtheNetworktƩƚǝźķĻƩƭproviderofTransportFacilities
apaymenttotheCityforthatcorrespondingpriorcalendarquarterlyƦĻƩźƚķƭis
equaltoorexceedsthemonthlyaggregatepernodeTransferFacility
compensationduetotheCityunderthisAgreementandCh.284.,Sec.284.055(b)
(2)forthatsamecalendarquarterperiod.
(c)TheQuarterlyTrueupVerificationReportshallbeprovided45daysafterthe
endofeachcalendarquarterthatanactualandfullpaymentisnotmadefromthe
NetworkProvidertotheCityfortheTransferFacilitiesMonthlyTransportFacility
Feepayment.
(d)IntheeventthepaymenttotheCitythatisassertedtobeequaltoor
exceedingthemonthlyaggregatepernodeTransferFacilitycompensationdueto
theCityunderthisAgreementandCh.284.,Sec.284.055wasbyadifferentnamed
entitythantheNetworkProvider,theNetworkProviderbearstheburdento
establishthattheentitypayingtheCityandtheNetworkProviderisanAffiliate
19
andthattheyareoneandthesameforpurposesofaChapter284TransferFacility
feetrueupcreditagainsttheMonthlyTransportFacilityFee.
5.3.5.ThisTransportFacilityfeeisinadditiontoanyannualNetworkNodePublicRight
ofWayRatepaymentrequiredbyCh.284,Section284.053
5.4.APPLICATIONFEES.(CH.284,SEC.284.156)
5.4.1 ApplicationandPermitFees.LicenseeshallpaytheCitytheCh.284,Sec.284.156
applicationandpermitfeescontemporaneouslywiththesubmittaloftheapplicationfor
thepermits.ExceptasprovidedforinthisAgreement,applicationandpermitfeesare
nonrefundable.
5.5.OTHERPAYMENTS
TheNetworkNodePublicRightofWayRate,theCollocationonServicePoleAttachmentFee,
theTransportFacilityFee,(collectivelysometimesreferredtoasͻwĻƓƷğƌCĻĻƭͼΜandthe
applicationandpermitfeespayableunderCh.284,shallbeexclusiveof,andinadditiontoall
advaloremtaxes,specialassessmentsformunicipalimprovements,andotherlawful
obligationsoftheLicenseetotheCity.
5.6.NONFUNCTIONINGNETWORKNODES
LicenseeshallcontinuetopayRentalFeesforNetworkNodesattachedtoServicePolesthatare
nolongerinserviceoroperationaliftheNetworkNodesattachedtoServicePolesoccupythe
PublicRightofWay.
5.7.PAYMENT
5.7.1.RentalFeesshallbeasdueassetoutinSection5.15.4above.
5.7.2.RentalFeeandotherpaymentsshallbepayablebyACHdirectdepositorcheck
payabletotheCityofDentonandsenttothefollowingaddress:
Cityof_________________________
ATTN:____________
_____
P.O.Box
Denton,TX76201
5.8.REIMBURSEMENT
WhenunderthetermsofthisAgreement,theCityatitsownexpensehasremovedorremediated
\[źĭĻƓƭĻĻƭNetworkNodesattachedtoServicePolesorLicenseeisrequiredtoreimbursetheCity,
theLicenseeshallremitpaymenttotheCitytotheaddresslistedinArticle5.7within30daysof
thedateoftheinvoiceforremoval,remediation,orrequirement.
5.9.PAYMENTLIMITS
20
FollowingremovalofanyNetworkNodesattachedtoServicePolesconsistentwiththetermsof
thisAgreement,andpaymentforanydamagesduetotheinstallation,maintenanceorremoval
oftheNetworkNode,oranyotheramountsduetheCityunderthisAgreementtherewillbeno
RentalFees,totheCitybyLicenseeforsuchNetworkNodes
compensationdue,includingany
attachedtoServicePolesexceptthattheCityshallnotissueanyrefundsforanyamountsalready
paidbyLicenseeforNetworkNodesattachedtoServicePolesthathavebeenremoved.
Notwithstandingtheforegoing,ifLicenseeisrequiredbytheCitytoremoveaNetworkNode(s)
attachedtoServicePole(s)andsuchremovalisnottheresultof\[źĭĻƓƭĻĻƭfailuretocomplywith
thisAgreement,CitymayreimburseLicenseetheRentalFeeforsuchNetworkNodesattached
toServicePolesproratedmonthlyfortheremainderofthecalendaryear.
5.10.COMPLIANCEREVIEW
TheCitymay,atitsdiscretion,uponnolessthan30dayspriorwrittennotice,requirethatthe
LicenseeproduceitsrecordsrelatedtothisAgreementforreviewbytheCityManagerto
ascertainthecorrectnessoftheinformationprovidedunderArticle5ofthisAgreement.Ifthe
CityManageridentifies,asaresultofareviewoftheinformationprovidedpursuanttoArticle
5ofthisAgreementamountsowedbytheLicenseefrompriorperiods,theLicenseeshallpay
theamountidentifiedwithin30daysofthedateoftheinvoice.Ifthereviewdeterminesthat
paymentoftheRentalFeewasnotmadeinaccordancewiththetermsofthisAgreementand
thatsuchpaymentrepresentsanoverpaymentofanyamount,Citywillcreditsuchoverpayment
against\[źĭĻƓƭĻĻƭfutureobligationstoCityunderthisAgreement.
5.11.PERMITSCONDITIONEDONPAYMENTSBEINGCURRENT.
PermitsareexpresslyconditionedonRentalpaymentsbeingcurrentorthepermitisvoidafter
30ķğǤƭnoticeofdelinquencyandremainvoiduntilpaymentinfull,exceptforthoseamounts
disputedingoodfaith,forwhichreasonableanddetaileddocumentationhasbeensubmitted
totheCitysupportingsuchdisputedamountsandisstillpendingCityreview.
ARTICLE6.DESIGNMANUALCOMPLIANCEANDRELATEDREQUIREMENTS
6.1.AESTHETICREQUIREMENTS
6.1.1.NetworkProvidershallcomplywiththerequirementsoftheLaw,/źƷǤƭApplicable
Codes,andDesignManualconcerningCollocatingitsNetworkNodesonanyServicePole,
astheLaw,/źƷǤƭApplicableCodes,andDesignManualarepublishedandamendedfrom
timetotime.ComplianceistobewiththeLaw,/źƷǤƭApplicableCodes,andDesign
ManualineffectatthetimeoftheApplicationforCollocationofaNetworkNodeona
ServicePoleLocation.
6.1.2.TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,DesignManual
orChapter284theNetworkNodeontheServicePoleshallbeconcealedorenclosedas
muchaspossibleinanequipmentbox,cabinetorotherunitthatmayincludeventilation
openings;externalcablesandwireshangingoffapoleshallbesheathedorenclosedina
21
conduit,sothatwiresareprotectedandnotvisibleorarevisuallyminimizedtotheextent
possible.
6.2.INSTALLATION
TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,orDesignManualorChapter
284theNetworkNodeontheServicePoleLicenseeshall,atitsowncostandexpense,installthe
NetworkNodesattachedtoServicePolesinagoodandworkmanlikemannerandinaccordance
withtherequirementspromulgatedbytheCityEngineer,assuchmaybeamendedfromtimeto
time.\[źĭĻƓƭĻĻƭworkshallbesubjecttotheregulation,controlanddirectionoftheCityEngineer.
Allworkdoneinconnectionwiththeinstallation,operation,maintenance,repair,and/or
replacementoftheNetworkNodesattachedtoServicePolesshallbeincompliancewithall
ApplicableCodesandLaws.
6.3.INSPECTIONS
6.3.1.TheCityEngineermayperformvisualinspectionsofanyNetworkNodes
attachedtoServicePoleslocatedinthePublicRightofWayastheCityEngineer
deemsappropriatewithoutnotice.Iftheinspectionrequiresphysicalcontact
withtheNetworkNode,theCityEngineershallprovidewrittennoticetothe
Licenseewithinfivebusinessdaysoftheplannedinspection.Licenseemayhave
arepresentativepresentduringsuchinspection.
6.3.2.Intheeventofanemergencysituation,theCitymay,butisnotrequiredto,
notifyLicenseeofaninspection.TheCitymaytakeactionnecessaryto
remediatetheemergencysituationandtheCityEngineershallnotifyLicensee
assoonaspracticallypossibleafterremediationiscomplete.
6.4.PLACEMENT
NetworkProvidershallcomplywiththerequirementsoftheLaw,/źƷǤƭApplicableCodes,
andDesignManualconcerningCollocatingitsNetworkNodesonanyServicePole,asthe
Law,/źƷǤƭApplicableCodes,andDesignManualarepublishedandamendedfromtime
totime.ComplianceistobewiththeLaw,/źƷǤƭApplicableCodes,andDesignManualin
effectatthetimeoftheApplicationforCollocationofaNetworkNodeonaServicePole
Location.
6.5.ELECTRICALSUPPLY
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerningelectricalconnectionstoitsNetworkNodesonanyServicePoleaspublishedand
amendedfromtimetotime,butasineffectatthetimeoftheapplicationforapermit.Licensee
shallberesponsibleforobtaininganyrequiredelectricalpowerservicetotheNetworkNodes.
TheCityshallnotbeliabletotheLicenseeforanystoppagesorshortagesofelectricalpower
furnishedtotheNetworkNodes,includingwithoutlimitation,stoppagesorshortagescausedby
anyact,omission,orrequirementofthepublicutilityservingthestructureortheactoromission
ofanyothertenantorLicenseeofthestructure,orforanyothercausebeyondthecontrolofthe
22
City.LicenseeshallnotbeentitledtoanyabatementoftheRentalFeeforanysuchstoppageor
shortageofelectricalpower.
6.6.TRANSPORTFACILITYFIBERCONNECTION
LicenseeshallberesponsibleforobtainingandproperlypermittingTransportFacilitiesforthe
NetworkNodesaccessandconnectiontofiberopticlinesorotherbackhaulsolutionsthatmay
berequiredforitsNetworkNodes.
6.7.GENERATORS
LicenseeshallnotalloworinstallgeneratorsorbackupgeneratorsinthePublicRightofWay.
6.8.EQUIPMENTDIMENSIONS
\[źĭĻƓƭĻĻƭNetworkNodesshallstrictlyconformtothesizelimitsinChapter284foritsNetwork
NodesandGroundEquipmentandshallbenogreaterthanthosesizes,butmaybelessthanthe
sizessetoutinChapter284.
6.9.TREEMAINTENANCE
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerningtreemaintenance.
6.10.SIGNAGE
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerningsignageontheNetworkNodeandanyGroundEquipment.
6.11.REPAIR
TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,andDesignManualwhenever
theinstallation,placement,Collocation,attachment,repair,removal,operation,use,or
relocationoftheNetworkNode,orGroundEquipment,oranyportionthereofisrequiredor
permittedunderthisAgreement,andsuchinstallation,placement,Collocation,attachment,
repair,removal,operation,use,orrelocationcausesanypropertyoftheCityoranythirdparty
tobedamagedortohavebeenalteredinsuchamannerastomakeitunusable,unsafe,orin
violationofanyLaw,ApplicableCode,rule,orregulation,Licensee,atitssolecostandexpense,
shallpromptlyrepairandreturnsuchpropertytoitsoriginalcondition.IfLicenseedoesnot
repairsuchpropertyorperformsuchworkasdescribedinthisparagraph,thentheCityshallhave
theoption,upon15ķğǤƭpriorwrittennoticetoLicenseeorimmediatelyifthereisanimminent
dangertothepublic,toperformorcausetobeperformedsuchreasonableandnecessarywork
onbehalfofLicenseeandtochargeLicenseeforthereasonableandactualcostsincurredbythe
City.LicenseeshallreimbursetheCityforthecostsinaccordancewithArticle5.8ofthis
Agreement.
6.12.GRAFFITIABATEMENT
23
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerninggraffitionanyofitsNetworkNodeorGroundEquipment.
ARTICLE7.RADIOINTERFERENCEBYNETWORKNODEPROHIBITED.(ch.284,Sec.284.304)
7.1.NOLIABILITY
7.1.1.TheCityshallnotbeliabletoLicenseeforanydamagecausedbyotherLicensees
withNetworkNodeincloseproximityoftheServicePole.
7.1.2.TheCityshallnotbeliabletoLicenseebyreasonofinconvenience,annoyanceor
injurytotheNetworkNode,orGroundEquipment,oractivitiesconductedby
Licenseetherefrom,arisingfromthenecessityofrepairinganyportionofthe
PublicRightofWay,orfromthemakingofanynecessaryalterationor
improvements,in,orto,anyportionofthePublicRightofWay,orin,orto,its
fixtures,appurtenancesorequipment.TheCitywillusereasonableeffortsnotto
causematerialinterferenceto\[źĭĻƓƭĻĻƭoperationofitsNetworkNode.
7.2.NOINTERFERENCE
7.2.1.\[źĭĻƓƭĻĻƭNetworkNodeshallstrictlycomplywithChapter284,Sec.284.304and
notcauseanyharmfulradiofrequencyinterferencetoaFederalCommunications
Commissionauthorizedmobiletelecommunicationsoperationofany
municipalityoperatingatthetimetheNetworkNodewasinitiallyinstalledor
takeallsteps
constructed.Onwrittennotice,theNetworkProvidershall
reasonablynecessarytoremedyanyharmfulinterference.
72.2.TotheextentnotinconsistentwithChap.284,Sec.284.304:
TheNewarktƩƚǝźķĻƩƭNetworkNodecollocatedonServicePolesshallnotcause
harmfulinterferencetothe/źƷǤƭpublicserviceradiofrequency,wireless
network,orcommunicationsoperationsΛͻ/źƷǤhƦĻƩğƷźƚƓƭͼΜandOthertğƩƷźĻƭ
NetworkNodesorsimilarthirdpartyequipmentinthePublicRightofWayor
adjacentCitypropertyΛͻtƩƚƷĻĭƷĻķ9ƨǒźƦƒĻƓƷͼΜ͵If\[źĭĻƓƭĻĻƭNetworkNode
interfereswiththe/źƷǤƭOperations,thenLicenseeshallimmediatelycease
operationoftheNetworkNodecausingsaidinterferenceuponreceivingnotice
fromtheCityandrefrainfromoperatinguntilLicenseehaseliminatedthe
interference.IfafternoticeLicenseecontinuestooperateNetworkNodethat
causeinterferencewithCityOperations,suchNetworkNodemaybedeemed
unauthorizedandsubjecttotheprovisionsofthisAgreement.If\[źĭĻƓƭĻĻƭ
NetworkNodeinterfereswithProtectedEquipment,thenLicenseeshalltakethe
stepsnecessarytocorrectandeliminatesuchinterferencewithin24hoursof
receiptofnoticefromtheCity.IftheLicenseeisunabletoresolvethe
interferenceissuewithinthistimeframe,itwillvoluntarilypowerdownthe
NetworkNodecausingtheinterference,exceptforintermittenttestinguntilsuch
timeastheinterferenceisremedied.
24
7.2.2.FollowinginstallationorModificationofaNetworkNode,theCityEngineermay
requireLicenseetotesttheNetworkbƚķĻƭradiofrequencyandotherfunctions
toconfirmthatitdoesnotinterferewiththe/źƷǤƭOperationsorProtected
Equipment.
ARTICLE8.ABANDONMENT,RELOCATIONANDREMOVAL
8.1.ABANDONMENTOFOBSOLETENETWORKNODE
NetworkProvidershallcomplywiththerequirementsoftheLaw,/źƷǤƭApplicableCodes,and
DesignManualconcerningcollocatingitsNetworkNodesonanyServicePole,astheLaw,/źƷǤƭ
ApplicableCodes,andDesignManualarethatarepublishedandamendedfromtimetotime.
ComplianceistobewiththeLaw,/źƷǤƭApplicableCodes,andDesignManualineffectatthe
timeoftheApplicationforCollocationofaNetworkNodeonaServicePoleLocation.
TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,andDesignManualLicensee
shallremoveNetworkNodesandGroundEquipmentwhensuchfacilitiesareAbandoned
regardlessofwhetheritreceivesnoticefromtheCity.UnlesstheCitysendsnoticethatremoval
mustbecompletedimmediatelytoensurepublichealth,safety,andwelfare,theremovalmust
becompletedwithintheearlierof90daysofitbeingAbandonedorwithin90daysofreceiptof
writtennoticefromtheCity.WhenLicenseeremovesorabandonspermanentstructuresinthe
PublicRightofWay,theLicenseeshallnotifytheCityEngineerandCityManagerinwritingof
suchremovalorabandonmentandshallfilewiththeCityEngineerandCityManagerthelocation
ofNetworkNodesandGroundEquipmentremovedorabandoned.TheCity
anddescription
EngineermayrequiretheLicenseetocompleteadditionalremedialmeasuresnecessaryfor
publicsafetyandtheintegrityofthePublicRightofWay.
8.2.REMOVALREQUIREDBYCITY
8.2.1.TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,andDesign
ManualorChapter284,Sec.284.303,Licenseeshall,atitssolecostandexpense,
promptlydisconnect,remove,orrelocatetheapplicableNetworkNodesand
GroundEquipmentwithinthetimeframeandinthemannerrequiredbytheCity
EngineeriftheCityEngineerreasonablydeterminesthatthedisconnection,
removal,orrelocationofanypartofNetworkNodesandGroundEquipment(a)is
necessarytoprotectthepublichealth,safety,welfare,orCityproperty,(b)
NetworkNodesandGroundEquipmentorportionthereof,isadverselyaffecting
properoperationofstreetlights,orCityproperty,or(c)Licenseelosesorfailsto
obtainallapplicablelicenses,Permits,andcertificationsrequiredbyLawforits
NetworkNodesandGroundEquipment,oruseofanyLocationunderthis
Agreement.IftheCityEngineerreasonablydeterminesthatthereisimminent
dangertothepublic,thentheCitymayimmediatelydisconnect,remove,or
relocatetheapplicableNetworkNodesandGroundEquipmentatthe\[źĭĻƓƭĻĻƭ
solecostandexpense.
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8.2.2.TheCityEngineershallprovide90dayswrittennoticetotheLicenseebefore
removingaNetworkNodesandGroundEquipmentunderthisSection8.2,unless
thereisimminentdangertothepublichealth,safety,andwelfare.
storage
8.2.3.LicenseeshallreimburseCityforthe/źƷǤƭactualcostofremovalandany
orassociatedcostsofitsNetworkNodesandGroundEquipmentinaccordance
withthisAgreementwithin30daysofreceivingtheinvoicefromtheCity.
8.3.REMOVALORRELOCATIONBYLICENSEE
8.3.1.IftheLicenseeremovesorrelocatesaNetworkNodesandGroundEquipmentat
itsowndiscretion,itshallnotifytheCityEngineerandCityManagerinwritingnot
lessthan10businessdayspriortoremovalorrelocation.Licenseeshallobtainall
permitsrequiredforrelocationorremovalofitsNetworkNodesandGround
Equipmentpriortorelocationorremoval.
8.3.2.ExceptasotherwiseprovidedinthisAgreement,theCityshallnotissueany
refundsforanyamountspaidbyLicenseeforNetworkNodesandGround
Equipmentthathavebeenremoved.
8.4.REMOVALORRELOCATIONREQUIREDFORCITYPROJECT
8.4.1.TotheextentnotinconflictwiththeLaw,/źƷǤƭApplicableCodes,andDesign
ManualandChapter284,Sec.284.303,Licenseeunderstandsandacknowledges
thattheCitymayrequireLicenseetoremoveorrelocateitsNetworkNodesand
GroundEquipment,oranyportionthereoffromthePublicRightofWay,and
LicenseeshallattheCity9ƓŭźƓĻĻƩƭdirectionremoveorrelocatethesameat
\[źĭĻƓƭĻĻƭsolecostandexpense,whenevertheCityEngineerreasonably
determinesthattherelocationorremovalisneededforanyofthefollowing
purposes:Requiredfortheconstruction,completion,repair,widening,relocation,
ormaintenanceof,oruseinconnectionwith,anyCityconstructionor
maintenanceprojectthatenhancesthePublicRightofWayforuseofthe
travelingpublic.
8.4.2.IfLicenseefailstoremoveorrelocatetheNetworkNodesandGroundEquipment,
orportionthereofasrequestedbytheCityEngineerwithin90daysof\[źĭĻƓƭĻĻƭ
receiptoftherequest,thentheCityshallbeentitledtoremovetheNetwork
NodesandGroundEquipmentorportionthereofat\[źĭĻƓƭĻĻƭsolecostand
expense,withoutfurthernoticetoLicensee,andLicenseeshall,within30days
followingissuanceofinvoiceforthesame,reimbursetheCityforitsreasonable
expensesincurredintheremoval(including,withoutlimitation,storageexpenses)
oftheNetworkNodesandGroundEquipment,orportionthereof.
8.5.REMOVALREQUIREDAFTERTERMINATIONOREXPIRATIONOFLICENSE
Within30calendardaysafterterminationorexpirationofthisAgreement,Licenseeshall
commenceremovalofallof\[źĭĻƓƭĻĻƭNetworkNodesandGroundEquipmentfromallService
Pole(s)inthePublicRightofWayandpeaceablysurrenderthePublicRightofWaytoCityinthe
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sameconditionthePublicRightofWaywasinontheEffectiveDate.Removalofallthe
\[źĭĻƓƭĻĻƭNetworkNodesandGroundEquipmentunderthissectionmustbecompletedwithin
90days.IfLicenseefailstobeginremovaloftheNetworkNodesandGroundEquipmentonor
aftertheAgreementexpiresorterminatesorfailstocompleteremoval
beforethe30thday
within90days,theCitymayremove,store,ordisposeofanyremainingportionoftheNetwork
NodesandGroundEquipmentinanymannertheCityEngineerdeemsappropriate.Licensee
shall,within30daysafterreceiptofthe/źƷǤƭwrittenrequestandinvoice,reimbursetheCityfor
allcostsincurredbytheCityinconnectiontherewith(includinganyreasonableoverheadand
storagefees).
8.6.REMOVALREQUIREDAFTERREVOCATION
Within30daysafterthedateofthenoticeofrevocationofaPermitforaLocation,Licenseeshall
commenceremovaloftheNetworkNodesandGroundEquipmentfromthePublicRightofWay
andpeaceablysurrenderthePublicRightofWaytoCityinthesameconditionthePublicRight
ofWaywasinontheEffectiveDate.IfLicenseefailstocompleteremovalwithin90days,the
Citymayremove,store,ordisposeofanyremainingportionoftheNetworkNodesandGround
EquipmentinanymannertheCityEngineerdeemsappropriate.Licenseeshall,within30days
afterreceiptofthe/źƷǤƭwrittenrequestandinvoice,reimbursetheCityforallcostsincurredby
theCityinconnectiontherewith(includinganyreasonableoverheadandstoragefees).
8.7.OWNERSHIP
NopartofaNetworkNodeconstructed,erectedorplacedonthePublicRightofWaybyLicensee
willbecome,orbeconsideredbytheCityasbeingaffixedtoorapartof,aServicePoleorofthe
PublicRightofWay.AllportionsoftheNetworkNodeconstructed,modified,erectedorplaced
byLicenseeonthePublicRightofWaywillbeandremainsthepropertyofLicenseeandmaybe
removedbyLicenseeatanytimeduringoraftertheTerm.
8.8.RESTORATION
LicenseeshallrepairanydamagetothePublicRightofWay,andthepropertyofanythirdparty
resultingfrom\[źĭĻƓƭĻĻƭremovalactivities(oranyotherof\[źĭĻƓƭĻĻƭactivitieshereunder)
within10daysfollowingthedateofsuchremovalorrelocation,at\[źĭĻƓƭĻĻƭsolecostand
expense,toincluderestorationofthePublicRightofWayandpropertytosubstantiallythesame
conditionasitwasimmediatelybeforetheEffectiveDate,includingrestorationorreplacement
ofanydamagedtrees,shrubsorothervegetation.Suchrepair,restorationandreplacementshall
besubjecttothesole,reasonableapprovaloftheCityManager.
8.9.LICENSEERESPONSIBLE
Licenseeshallberesponsibleandliablefortheactsandomissionsof\[źĭĻƓƭĻĻƭemployees,
temporaryemployees,officers,directors,consultants,agents,Affiliates,subsidiaries,
sublicensees,sublessees,andsubcontractorsinconnectionwiththeperformanceofthis
Agreement,asifsuchactsoromissionswere\[źĭĻƓƭĻĻƭactsoromissions.
8.10.ALLOCATIONOFFUNDSFORREMOVALANDSTORAGE
27
TheCityhasappropriated$0underthisAgreementtopayforthecostofanyremovalorstorage
ofNetworkNode,asauthorizedunderthisArticle,andnootherfundsareallocatedinconnection
withtheperformanceofthisAgreement.
ARTICLE9.ENVIRONMENTALLAWREQUIREMENTS
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerningenvironmentallawrequirementsonanyofitsNetworkNodeorGroundEquipment.
ARTICLE10.SECURITY
NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,andDesignManual
concerningsecurityrequirementsonanyofitsNetworkNodeorGroundEquipment.
ARTICLE11.INDEMNIFICATION,INSURANCEANDLIABILITY
11.1 Indemnity.NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,and
DesignManualandChapter284,Sec.284.302concerningonindemnificationrequirementson
anyofitsNetworkNodeorGroundEquipment.
11.2 Insurance.NetworkProvidershallcomplywiththeLaw,/źƷǤƭApplicableCodes,and
DesignManualconcerninginsurancerequirementsonanyofitsNetworkNodeorGround
Equipment.
11.3 Liability.NetworkProvidershallberesponsibleforanydamagestoanypartythatoccur
duetotheinstallation,maintenanceorfailuretomaintain,theremovalorfailuretoremove
NetworkNodesforwhichitwouldbeliableunderLaw.
ARTICLE12.TERMANDTERMINATION
12.1.TERM
12.1.1.ThisAgreementiseffectiveontheEffectiveDateandunlesssoonerterminated
underotherprovisionsofthisAgreement,willremainineffectuntilDecember
31,2025ΛͻLƓźƷźğƌĻƩƒͼΜ͵
12.2.RENEWALS
UponexpirationoftheInitialTerm,thisAgreementwillautomaticallyrenewforuptotwo(2)
successivefive(5)yearterms(eachaͻwĻƓĻǞğƌĻƩƒͼΜonthesametermsandconditions,
unlesseithertheCityorLicenseechoosesnottorenew.IfeithertheCityorLicenseechooses
nottorenewthisAgreement,theCityManagershallnotifytheLicenseeortheLicenseeshall
notifytheCityManagerofnonrenewalatleast90daysbeforetheexpirationofthethen
currentterm.
12.3.TERMINATIONFORCAUSEBYCITY
28
12.3.1.IfLicenseedefaultsunderthisAgreement,theCitymayterminatethisAgreement
subjectto\[źĭĻƓƭĻĻƭabilitytocuresuchdefaultsbelow.TheCity'srightto
terminatethisAgreementforLicensee'sdefaultiscumulativeofallitsrightsand
butisnot
remedieswhichexistnoworinthefuture.DefaultbyLicenseeincludes,
limitedto:
12.3.1.1.FailureoftheLicenseetocomplywithanymaterialtermofthis
Agreement;
12.3.1.2.Licenseebecomesinsolvent.
12.3.1.3.The\[źĭĻƓƭĻĻƭfailuretoobtainalllicenses,permits,and
certificationrequiredbytheCityunderthisAgreementandpayallfeesassociated
therewithaftertheCityhasnotifiedtheLicenseethatlicenses,permits,and
certificationsmustbeobtainedtoworkinthePublicRightofWay;
12.3.1.4.Allorasubstantialpartof\[źĭĻƓƭĻĻƭassetsareassignedforthe
benefitofitscreditors;
12.3.1.5.AreceiverortrusteeisappointedforLicensee;or
12.4.1.6.LicenseefailstoapplyforpermitstoCollocateonServicePolesin
thePublicRightofWaywithin1yearoftheEffectiveDateofthisAgreement.
12.3.2.Ifadefaultoccurs,theCityManagershalldeliverawrittennoticetoLicensee
describingthedefaultandtheterminationdate.IftheCityManagersendsa
defaultnotice,theLicenseeshallhave60daysfromthereceiptofsuchnoticeto
curethedefault(unlessthenatureoftheeventtakeslongertocureandthe
Licenseecommencesacurewithinsuch60dayperiodandthereafterdiligently
pursuesitbutwillnotexceed180daysunlessagreedtobytheCityManagerwhich
agreementwillnotbeunreasonablywithheld).IfLicenseecuresthedefault
beforetheproposedterminationdate,theproposedterminationisineffective.
12.3.3.IfthedefaultisnotcuredinthetimeandmannersetoutaboveorbytheCity
thentheCityManagermayimmediatelyterminatethisAgreementby
Manager,
notifyingLicenseeinwritingofsuchtermination.Afterreceivingthenotice,
Licenseeshall,immediatelyceaseoperationsandremoveNetworkNodefromthe
PublicRightofWayinaccordancewiththeSections8.5and8.6ofthisAgreement,
andanypaymentdueshallberemittedbyLicenseewithin30daysofthereceipt
ofthenoticetotheaddressintheSection1.1ofthisAgreement.
12.4.TERMINATIONBYLICENSEE
12.4.1.TheLicenseemayterminatethisAgreementatanytimewithoutcausebygiving
30daysadvancewrittennoticetotheCityManager.
12.4.2.IftheLicenseedoesnotremoveallNetworkNodefromthePublicRightofWay
withinthetimeperiodrequiredbySection8.5ofthisAgreement,theNetwork
NodemayberemovedbytheCity,subjecttoreimbursementforitscostfromthe
NetworkproviderasallowedbytheAgreement.
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12.5.AUTOMATICTERMINATION.
IfChapter284oftheLocalGovernmentCode,oranypartthereofisatanytime,infullorinpart,
revoked,foundtobeunconstitutional,struckdown,preemptedorotherwisebecomesvoidor
invalid,thenthisLicenseshallautomaticallyterminate,unlessanextensionisgrantedbytheCity.
ThissectionshallconstituteNoticethatinsuchcase,allNetworkNodesaretoberemovedwithin
ninety(90)daysfromtheeventthataffectChapter284.ThePartiesagreetheywillnegotiatein
goodfaithtoassureaneaseoftransitionsastothosepartsofChapter284thathavebeen
adjudicatedasunenforceable,aswellascontinuedcompliancewiththosepartsthatmayremain
enforceable,ifany.
ARTICLE13.TRANSFEROFAUTHORITY
13.1.ASSIGNMENT
13.1.1.Licenseemaynotassign,delegate,transfer,orsellalloranyportionofitsrights,
privilegesandobligationsunderthisAgreementwithoutwrittennoticetoandthe
priorwrittenconsentoftheCityManager,whichconsentwillnotbeunreasonably
withheld.Noassignmentinlaworotherwiseshallbeeffectiveuntiltheassignee
hasfiledwiththeCityManageraninstrument,dulyexecuted,recitingthefact
ofsuchassignment,acceptingthetermshereof,andagreeingtocomplywithall
oftheprovisionshereof.Amortgageorotherpledgeofassetsinabonafide
anassignmentofthisAgreementfor
lendingtransactionshallnotbeconsidered
thepurposesofthisArticle.
13.1.2.ThisAgreementbindsandbenefitsthePartiesandtheirlegalsuccessorsand
permittedassigns;however,thisprovisiondoesnotaltertherestrictionson
assignmentanddisposalofassetssetoutinthisArticle.ThisAgreementdoesnot
createanypersonalliabilityonthepartofanyofficeroragentoftheCity.
13.1.3.NotwithstandinganythingtothecontrarycontainedinthisAgreement,Licensee
will,wheneverinitssolediscretionitisrequiredorappropriatefortheoperation
ofitsbusiness,havetheright,withoutnoticetoorconsentofCity,CityManager,
oranyotherparty,toassignalloranyportionofitsrightsunderthisAgreement
inwholeorinpart,to(a)anyAffiliatesaslongassuchentityhasexpertiseinthe
operationofNetworkNode,orprovisionofWirelessServices;(b)anyentitywith
whichtheLicenseeoranAffiliateoftheLicenseesharesjointownershipofthe
NetworkNodesandGroundEquipment;or(c)anyentitythatisaholderofathen
currentAgreement.TheLicenseeshallgivewrittennoticetotheCityManager
withinthirty(30)daysofsuchassignment.
13.2.BUSINESSSTRUCTUREANDASSIGNMENTS
Nothinginthisclause,however,preventsthecreationofasecurityinterestintheNetworkNode
facilitiesasdescribedintheTexasBusiness&CommerceCode.Inthecaseofsuchan
enforcementofthatsecurityinterestbytheholderofthesecurityinterest,asanassignee,
LicenseeshallimmediatelyfurnishtotheCityManagerwithproofoftheassignmentandthe
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name,telephonenumber,andaddressoftheassigneeandaclearcontractualobligationthatthe
assigneeshallanddoesassumealltheliabilitiesandresponsibilitiesofLicenseeunderthis
Agreement,includingresponsibilitiesforanyunpaidpastduepayments,andcurrentandfuture
doesnotreleaseLicenseeofitsobligations
paymentsthatmaybeduetheCity.Suchassignment
andpaymentsdueortobeduetheCity,unlessthereisanexpresswrittenreleaseagreedtoby
theCity.
ARTICLE14.INVENTORYANDINSPECTIONS.
14.1.INVENTORYRECORDS
14.1.1.LicenseeshallmaintainalistofitsapprovedNetworkNodeLocationsonService
PolesbyGISlocationduringtheTermofthisAgreement.Licenseeshallprovide
totheCityManagersuchlistwithin30daysuponwrittenrequest,butnomore
frequentthanonceayearafterthefirstyearofthisagreement.
14.2.INSPECTIONS
14.2.1.Cityrepresentativesshallhavetherighttoperform,ortohaveperformed,(1)
inspectionsoftherecordsdescribedin14.1.1and(2)inspectionsofallplacesin
thePublicRightofWaywhereworkisundertakeninconnectionwiththis
forthis
Agreement.Licenseeshallkeepitsrecordsdescribedin14.1.1available
purposeforatleastfouryearsafterthisAgreementterminatesorexpires.The
inspectionmaybeperformedbyCitystafforthirdpartyrepresentativesengaged
bytheCity.Thisprovisiondoesnotaffecttheapplicablestatuteoflimitations.
orbyLaw,theLicensee
14.2.2.Inadditiontootherrecordsorfilingsrequiredhereunder
shallmaintainandprovideaccesstoacurrentmapbyeitherpaperorelectronic
means,uponrequestbytheCityManagerorCityEngineer,showingthe
approximatelocationsofNetworkNodesonServicePolesintheRightofWay.
14.2.3.TheCityManagermayreasonablyrequirethekeepingofadditionalrecordsor
accountsreasonablynecessarytodeterminethe\[źĭĻƓƭĻĻƭcompliancewiththe
termsofthisAgreement.
14.3.CONFIDENTIALINFORMATION
TheCityManagershallnotdiscloseanyconfidentialinformationreproducedfordocumentation
ofauditissuesunlessrequiredbylaw.IftheCityreceivesarequesttorevieworcopyconfidential
informationundertheTexasPublicInformationActorrelatedlaw(theδ!ĭƷͼΜͲtheCityshall
complywiththerequirementsforhandlingthirdpartyinformationundertheAct,including
notifyingtheLicenseethatarequesttorevieworcopyConfidentialInformationhasbeen
submittedtotheCity.ConfidentialinformationdeemedsubjecttodisclosureundertheActby
theAttorneyGeneraloftheStateofTexasshallbedisclosed.
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ARTICLE15.MISCELLANEOUS
15.1.FORCEMAJEURE
OtherthantheLicensee'sfailuretopayamountsdueandpayableunderthisAgreement,the
LicenseeshallnotbeindefaultorbesubjecttosanctionunderanyprovisionofthisAgreement
whenitsperformanceispreventedbyForceMajeure.ForceMajeuremeansaneventcausedby
epidemic;actofGod;fire,flood,hurricanes,tornadoes,orothernaturaldisasters;explosions;
terroristactsagainsttheCityorLicensee;actofmilitaryorsuperiorgovernmentalauthoritythat
Licenseeisunabletopreventbyexerciseofreasonablediligence;war;riots;orcivildisorder;
provided,however,thatsuchcausesarebeyondthereasonablecontrolandwithoutthewillful
act,fault,failureornegligenceoftheLicensee.Thetermdoesnotincludeanychangesingeneral
economicconditionssuchasinflation,interestrates,economicdownturnorotherfactorsof
generalapplication;oraneventthatmerelymakesperformancemoredifficult,expensiveor
impractical.Performanceisnotexcusedunderthissectionfollowingtheendoftheapplicable
eventofForceMajeure.Licenseeisnotrelievedfromperformingitsobligationsunderthis
Agreementduetoastrikeorworkslowdownofitsemployees.ForceMajeuredoesnotentitle
Licenseetoreimbursementofpayments.
Thisreliefisnotapplicableunlesstheaffectedpartydoesthefollowing:
15.1.1.UsesduediligencetoremovetheeffectsoftheForceMajeureasquicklyas
possibleandtocontinueperformancenotwithstandingtheForceMajeure;and
15.1.2.Providestheotherpartywithpromptwrittennoticeofthecauseandits
anticipatedeffect.
TheCityManagerwillreviewclaimsthataForceMajeurethatdirectlyimpactstheCityor
Licenseehasoccurredandrenderawrittendecisionwithin14days.ThedecisionoftheCity
Managerisfinal.
LicenseeisnotrelievedfromperformingitsobligationsunderthisAgreementduetoastrikeor
workslowdownofitsemployees.Licenseeshallemployonlyfullytrainedandqualifiedpersonnel
duringastrike.
15.2.DISPUTERESOLUTION
15.2.1.IntheeventofadisputebetweenthePartiesthatarisesduringtheTermofthis
Agreement,thePartiesshallattempttoexpeditiouslyandamicablyresolveany
disputethroughgoodfaithdiscussionsintheordinarycourseofbusinessatthe
levelatwhichthedisputeoriginates.
15.2.2.IfthePartiesarenotabletoresolvethedisputeintheordinarycourseofbusiness,
theCityManagerandrepresentativesofotherCitydepartmentsthatareinvolved
inthedisputewillmeetwith\[źĭĻƓƭĻĻƭauthorizedrepresentativeinanattempt
toresolvethedispute.
15.2.4.Exceptinemergencies,nolawsuitunderorrelatedtothisAgreementbyoneparty
againsttheothermaybefileduntilatleastmeetinghasoccurredbetweenthe
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CityManagerandexecutivesofNetworkProviderwithfullauthoritytoresolvethe
claimsinthemeetingorthatareavailablecontemporaneouslywiththemeeting
vialivetelephoniccommunicationswherethepartiesagreetoattemptingood
agree
faithtoresolveornarrowtheissues;andifnotresolved,andtheparties
thatbeforeinitiatinglitigation,eitherpartyshallnotifytheotherpartyofitsintent
tosue,andprovideacopyofthedraftpleading,withsupportingfactsandlegal
authoritiesatleastfourteen(14)daysbeforesuitisfiled.
15.2.5.Thissectiondoesnotapplytodisputesthatinvolveaquestionoflaw.
15.2.6.NotwithstandingtheexistenceofanydisputebetweentheParties,insofarasis
possibleunderthetermsofthisAgreement,eachPartyshallcontinuetoperform
theobligationsrequiredofitduringthecontinuationofanysuchdispute,unless
enjoinedorprohibitedbyacourtofcompetentjurisdictionorunlessthis
Agreementterminatesorexpiresunderthetermsprovidedherein.
15.3.ACCEPTANCEANDAPPROVAL;CONSENT
AnapprovalbytheCityManager,theCityEngineer,oranyotherinstrumentalityofCity,ofany
partoftheLicensee'sperformanceshallnotbeconstruedtowaivecompliancewiththis
AgreementortoestablishastandardofperformanceotherthanrequiredbythisAgreementor
bylaw.WherethisAgreementcontainsaprovisionthateitherpartyapproveorconsenttoany
actionoftheotherparty,suchapprovalorconsentshallnotbeunreasonablywithheldor
delayed.ExceptasprovidedforinthisAgreement,theCityManagerorCityEngineerarenot
authorizedtovarythetermsofthisAgreement.
15.4.REPRESENTATIONSANDWARRANTIES
Inadditiontotherepresentations,warranties,andcovenantsoftheLicenseetotheCityset
forthelsewhereherein,theLicenseerepresentsandwarrantstotheCityandcovenantsand
agrees(whichrepresentations,warranties,covenantsandagreementsshallnotbeaffectedor
waivedbyanyinspectionorexaminationmadebyoronbehalfoftheCity)that,asofthe
EffectiveDateandthroughoutthetermofthisAgreement:
15.4.1.Organization,StandingandPower.TheLicenseeisaNetworkProviderduly
organized,validlyexistingandingoodstandingunderthelawsofthestateofits
dobusinessintheStateofTexasandinthe
organizationandisdulyauthorizedto
City.TheLicenseehasallrequisitepowerandauthoritytoownorleaseits
propertiesandassets,subjecttothetermsofthisAgreement,toconductits
businessesascurrentlyconductedandtoexecute,deliverandperformthis
Licenseandallotheragreementsenteredintoordeliveredinconnectionwithor
ascontemplatedhereby.
15.4.2.TruthfulStatements.TheLicenseewarrants,tothebestofitsknowledgeand
belief,thatinformationprovidedandstatementsmadeinconnectionwithits
applicationforthisAgreementweretrueandcorrectwhenmadeandaretrueand
correctuponexecutionhereof.
33
15.4.3.ConditionofPublicRightofWay.LicenseeacceptsthePublicRightofWaywhere
NetworkNodeareauthorizedtobelocated ͻ!{L{Ͳͼ withoutanyexpressor
impliedwarrantiesofanykind.
15.5.STATEMENTOFACCEPTANCE
LicenseeandCity,forthemselves,theirsuccessorsandassigns,herebyacceptandagreestobe
boundbyallterms,conditionsandprovisionsofthisAgreement.
15.6.RELATIONSHIPOFTHEPARTIES
Licenseeshallberesponsibleandliableforitscontractors,subcontractors,andsublicensees.The
Cityhasnocontrolorsupervisorypowersoverthemannerormethodof\[źĭĻƓƭĻĻƭĭƚƓƷƩğĭƷƚƩƭ
andƭǒĬĭƚƓƷƩğĭƷƚƩƭperformanceunderthisAgreement.AllpersonnelLicenseeusesorprovides
areitsemployees,contractors,orsubcontractorsandnotthe/źƷǤƭemployees,agents,or
subcontractorsforanypurposewhatsoever.
15.7.SEVERABILITY
IfanypartofthisAgreementisforanyreasonfoundtobeunenforceable,allotherpartsremain
enforceableunlesstheresultmateriallyprejudiceseitherParty.
15.8.ENTIREAGREEMENT
ThisAgreementmergesthepriornegotiationsandunderstandingsofthePartiesandembodies
theentireagreementoftheParties.Nootheragreements,assurances,conditions,covenants
(expressorimplied),orothertermsofanykind,existbetweenthePartiesregardingthis
Agreement.
15.9.WRITTENAMENDMENT
UnlessotherwisespecifiedelsewhereinthisAgreement,thisAgreementmaybeamendedonly
bywritteninstrumentexecutedonbehalfoftheCity(byauthorityofanordinanceadoptedby
theCityCouncil)andLicensee.TheCityManagerandCityEngineerareonlyauthorizedto
performthefunctionsspecificallydelegatedtohimorherinthisAgreement.
15.10.APPLICABLELAWSANDVENUE
15.10.1.ThisAgreementissubjecttoallApplicableCodesandLaws,andallrulesand
regulationsofanyregulatorybodyorofficerhavingjurisdiction,includingany
lawfulcourtoradministrativedecisions,judgmentsorordersthathavebeenfully
andfinallyadjudicated,includinganyappealsofsuchdecisionsjudgments,or
ordersΛͻ5ĻĭźƭźƚƓƭͼΜ͵ThisAgreementshallbegoverned,construed,andenforced
34
accordingtothelawsoftheStateofTexas,withoutregardtoitschoiceoflaw
provisions.
IfanymaterialprovisionofthisAgreementissupersededoraffectedbyLaw,then
thePartiesshallnegotiateingoodfaithtorevisethisAgreement.
15.10.2.SubjecttothetğƩƷźĻƭobligationtosubmittothedisputeresolutionprocessor
mediationasdescribedinthisAgreement,Licenseeshallsubmitanyandall
litigationandlegalproceedingsbetweenanyoftheLicenseeandtheCitytothe
exclusivejurisdictionofthestateorfederalcourtsintheStateofTexasandwaive
anyobjectionsorrightastoforumnonconveniens,lackofpersonaljurisdiction,
orsimilargrounds.VenueforanylitigationrelatingtothisAgreementisDenton
County,Texas.
15.11.NOTICES
15.11.1.AllnoticestoeitherpartytotheAgreementmustbeinwritingandmustbe
deliveredbyhand,facsimile,UnitedStatesregisteredorcertifiedmail,return
receiptrequested,UnitedStatesExpressMail,FederalExpress,AirborneExpress,
UPSoranyothernationalovernightexpressdeliveryservice.Thenoticemustbe
addressedtothepartytowhomthenoticeisgivenatitsaddresssetoutinArticle
I,Section1.1ofthisAgreementorotheraddressthereceivingpartyhas
designatedpreviouslybypropernoticetothesendingparty.Postageordelivery
chargesmustbepaidbythepartygivingthenotice.
15.11.2.LicenseeshalladdressacopytotheCityEngineerattheaddresssetoutinArticle
I,Section1.1ofallnoticespertainingtoArticle6and8andothernoticestothe
CityEngineerrequiredunderthisAgreement.
15.11.3.LicenseeshalladdressacopytotheCityAttorneyattheaddresssetoutinArticle
I,Section1.1ofallnoticespertainingtoArticle15andothernoticestotheCity
AttorneyrequiredunderthisAgreement
15.12.CAPTIONS
CaptionscontainedinthisAgreementareforreferenceonly,and,therefore,havenoeffectin
construingthisAgreement.Thecaptionsarenotrestrictiveofthesubjectmatterofanysection
inthisAgreement.
15.13.NONWAIVER
IfeitherPartyfailstorequiretheothertoperformatermofthisAgreement,thatfailuredoes
notpreventthePartyfromlaterenforcingthattermandallotherterms.IfeitherPartywaives
theƚƷŷĻƩƭbreachofaterm,thatwaiverdoesnotwaivealaterbreachofthisAgreement.
35
15.14.ENFORCEMENT
TheCityAttorneymayenforcealllegalrightsandobligationsunderthisAgreementwithout
furtherauthorization.LicenseeshallprovidetotheCityAttorneyalldocumentsandrecords
pertainingtothisAgreementthattheCityAttorneyrequeststoassistindeterminingLicensee's
compliancewiththisAgreement,withtheexceptionofthosedocumentsmadeconfidentialby
federalorStatelaworregulation.
15.15.AMBIGUITIES
IfanytermofthisAgreementisambiguous,itshallnotbeconstruedfororagainstanyPartyon
thebasisthatthePartydidordidnotwriteit.
15.16.SURVIVAL
LicenseeandtheCityshallremainobligatedtotheotherPartyunderallprovisionsofthis
Agreementthatexpresslyorbytheirnatureextendbeyondtheterminationorexpirationofthis
Agreement,including,butnotlimitedto,theprovisionsregardingwarranty,indemnificationand
confidentiality.
AllrepresentationsandwarrantiescontainedinthisAgreementshallsurvivethetermofthe
Agreement.
15.17.RESERVED
15.18.PARTIESININTEREST
ThisAgreementdoesnotbestowanyrightsuponanythirdparty,butbindsandbenefitstheCity
andLicenseeonly.
15.19.REMEDIESCUMULATIVE
UnlessotherwisespecifiedelsewhereinthisAgreement,therightsandremediescontainedin
thisAgreementarenotexclusive,butarecumulativeofallrightsandremedieswhichexistnow
orinthefuture.NeitherpartymayterminateitsdutiesunderthisAgreementexceptin
accordancewithitsprovisions.
15.20.LICENSEEDEBT
IFCITYMANAGERBECOMESAWARETHATLICENSEEOWESANYDELINQUENTSUMOFMONEY
INANAMOUNTGREATERTHAN$100.00TOTHECITYORANYAFFILIATEENTITYFORAD
VALOREMTAXESONREALORPERSONALPROPERTYLOCATEDWITHINTHEBOUNDARIESOFTHE
CITYΛͻ59.ͼΜͲITSHALLNOTIFYLICENSEEINWRITING.IFLICENSEEDOESNOTPAYTHEDEBT
WITHIN30DAYSOFSUCHNOTIFICATION,THECITYMANAGERMAYDEDUCTFUNDSINAN
AMOUNTEQUALTOTHEDEBTFROMANYPAYMENTSOWEDTOLICENSEEBYTHECITYUNDER
THISAGREEMENT.
36
15.21.PARTSINCORPORATED
AlloftheabovedescribedsectionslistedintheTableofContentsandthelistedexhibitsaremade
apartofandincorporatedintothisAgreement.
15.22.CONTROLLINGPARTS
IfaconflictbetweenthesectionsoftheAgreementandanyoftheexhibitsarises,thesectionsof
theAgreementcontrolovertheexhibits.
15.23.SIGNATURES
INWITNESSWHEREOF,theOriginalSignatories,throughtheirdulyauthorizedofficers,
haveexecutedthisAgreementinmultiplecounterparts,eachofequalforceandeffect,effective
asoftheasofthedatesignedbytheCityManager.
LICENSEE/NETWORKPROVIDER:CITY:
CITYOFDENTON,aTexashomerulemunicipal
corporation
______________
Signedby:
______________________________________________________________
Name:ToddHileman,CityManager
DateSigned._______________
Title:
TaxIdentificationNo.:ATTEST:
ATTEST/SEAL:
_______________________________
_______________________________CitySecretary
Name:
DateSigned._______________
APPROVEDASTOFORM:
_______________________________
CityAttorney
DateSigned._______________
37
1
ThedefinitionsasusedinTx.Loc.Gov.Code,Chapter284,Sec.284.002shallbeusedandcontroloverany
conflictswiththeAgreement.
Tx.Loc.Gov.Code,Chapter284,Sec.284.002.DEFINITIONS.Inthischapter:
(1)"Antenna"meanscommunicationsequipmentthattransmitsorreceiveselectromagneticradio
frequencysignalsusedintheprovisionofwirelessservices.
(2)"Applicablecodes"means:
(A)uniformbuilding,fire,electrical,plumbing,ormechanicalcodesadoptedbyarecognized
nationalcodeorganization;and
(B)localamendmentstothosecodestotheextentnotinconsistentwiththischapter.
(3)"Collocate"and"collocation"meantheinstallation,mounting,maintenance,modification,operation,
orreplacementofnetworknodesinapublicrightofwayonoradjacenttoapole.
(4)"Decorativepole"meansastreetlightpolespeciallydesignedandplacedforaestheticpurposesand
onwhichnoappurtenancesorattachments,otherthanspeciallydesignedinformationalordirectionalsignageor
temporaryholidayorspecialeventattachments,havebeenplacedorarepermittedtobeplacedaccordingto
nondiscriminatorymunicipalcodes.
(5)"Designdistrict"meansanareathatiszoned,orotherwisedesignatedbymunicipalcode,andfor
whichthecitymaintainsandenforcesuniquedesignandaestheticstandardsonauniformandnondiscriminatory
basis.
(6)"Historicdistrict"meansanareathatiszonedorotherwisedesignatedasahistoricdistrictunder
municipal,state,orfederallaw.
(7)"Law"meanscommonlaworafederal,state,orlocallaw,statute,code,rule,regulation,order,or
ordinance.
(8)"Macrotower"meansaguyedorselfsupportedpoleormonopolegreaterthantheheight
parametersprescribedbySection284.103andthatsupportsoriscapableofsupportingantennas.
(9)"Micronetworknode"meansanetworknodethatisnotlargerindimensionthan24inchesinlength,
15inchesinwidth,and12inchesinheight,andthathasanexteriorantenna,ifany,notlongerthan11inches.
(10)"Municipallyownedutilitypole"meansautilitypoleownedoroperatedbyamunicipallyowned
apublicrightofway.
utility,asdefinedbySection11.003,UtilitiesCode,andlocatedin
(11)"Municipalpark"meansanareathatiszonedorotherwisedesignatedbymunicipalcodeasapublic
parkforthepurposeofrecreationalactivity.
(12)"Networknode"meansequipmentatafixedlocationthatenableswirelesscommunications
betweenuserequipmentandacommunicationsnetwork.Theterm:
(A)includes:
(i)equipmentassociatedwithwirelesscommunications;
(ii)aradiotransceiver,anantenna,abatteryonlybackuppowersupply,and
comparableequipment,regardlessoftechnologicalconfiguration;and
(iii)coaxialorfiberopticcablethatisimmediatelyadjacenttoanddirectlyassociated
withaparticularcollocation;and
(B)doesnotinclude:
(i)anelectricgenerator;
(ii)apole;or
(iii)amacrotower.
(13)"Networkprovider"means:
(A)awirelessserviceprovider;or
(B)apersonthatdoesnotprovidewirelessservicesandthatisnotanelectricutilitybutbuilds
orinstallsonbehalfofawirelessserviceprovider:
(i)networknodes;or
(ii)nodesupportpolesoranyotherstructurethatsupportsoriscapableofsupporting
anetworknode.
(14)"Nodesupportpole"meansapoleinstalledbyanetworkproviderfortheprimarypurposeof
38
supportinganetworknode.
(15)"Permit"meansawrittenauthorizationfortheuseofthepublicrightofwayorcollocationona
servicepolerequiredfromamunicipalitybeforeanetworkprovidermayperformanactionorinitiate,continue,or
completeaprojectoverwhichthemunicipalityhaspolicepowerauthority.
(16)"Pole"meansaservicepole,municipallyownedutilitypole,nodesupportpole,orutilitypole.
(17)"Privateeasement"meansaneasementorotherrealpropertyrightthatisonlyforthebenefitofthe
grantorandgranteeandtheirsuccessorsandassigns.
ofway"meanstheareaon,below,oraboveapublicroadway,highway,street,public
(18)"Publicright
sidewalk,alley,waterway,orutilityeasementinwhichthemunicipalityhasaninterest.Thetermdoesnot
include:
(A)aprivateeasement;or
(B)theairwavesaboveapublicrightofwaywithregardtowirelesstelecommunications.
(19)"Publicrightofwaymanagementordinance"meansanordinancethatcomplieswithSubchapterC.
(20)"Publicrightofwayrate"meansanannualrentalchargepaidbyanetworkprovidertoa
publicrightofway
municipalityrelatedtotheconstruction,maintenance,oroperationofnetworknodeswithina
inthemunicipality.
(21)"Servicepole"meansapole,otherthanamunicipallyownedutilitypole,ownedoroperatedbya
municipalityandlocatedinapublicrightofway,including:
(A)apolethatsupportstrafficcontrolfunctions;
(B)astructureforsignage;
(C)apolethatsupportslighting,otherthanadecorativepole;and
(D)apoleorsimilarstructureownedoroperatedbyamunicipalityandsupportingonlynetwork
nodes.
(22)"Transportfacility"meanseachtransmissionpathphysicallywithinapublicrightofway,extending
withaphysicallinefromanetworknodedirectlytothenetwork,forthepurposeofprovidingbackhaulfor
networknodes.
(23)"Utilitypole"meansapolethatprovides:
(A)electricdistributionwithavoltageratingofnotmorethan34.5kilovolts;or
(B)servicesofatelecommunicationsprovider,asdefinedbySection51.002,UtilitiesCode.
"Wirelessservice"meansanyservice,usinglicensedorunlicensedwirelessspectrum,includingthe
(24)
useofWiFi,whetheratafixedlocationormobile,providedtothepublicusinganetworknode.
(25)"Wirelessserviceprovider"meansapersonthatprovideswirelessservicetothepublic.
39
City Hall
City of Denton
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton.com
Legislation Text
File #:ID 17-1140,Version:1
AGENDA CAPTION
Consider adoption of an ordinance of the City of Denton authorizing the City Attorney to negotiate and draft
municipally owned utility pole wireless network node collocation attachment license agreement with network
providers as needed; authorizing the City Manager or designee to execute an effective date.
City of DentonPage 1 of 1Printed on 8/18/2017
powered by Legistar™
City of Denton
City Hall
215 E. McKinney Street
Denton, Texas
www.cityofdenton.com
_____________________________________________________________________________________
AGENDA INFORMATION SHEET
DEPARTMENT: City Manager’s Office
CM/ DCM/ ACM: Mario Canizares
DATE: August 22, 2017
SUBJECT
Consider adoption of an ordinance of the City of Denton authorizing the City Attorney to negotiate and
draft municipally owned utility pole wireless network node collocation attachment license agreement with
network providers as needed; authorizing the City Manager or designee to execute an effective date.
BACKGROUND
th
In the 85 Legislative Session, the Texas Legislature passed and Governor Abbott signed into law, Senate
Bill 1004 (small cellular antennas or nodes). The new law goes into effect statewide on September 1, 2017.
It is also a mandate for cities on the requirements and methodology to allow wireless telecommunication
companies to install small cellular nodes on new and existing utility poles within the City’s right-of-way.
The new law erodes the City’s ability to manage its right-of-way by establishing the maximum fees cities
can charge, the timing in which permits must be reviewed and approved, and prohibits the ability to deny
requests or place moratoriums on additional device installations.
According to the cellular industry the nodes are necessary as consumers continue to migrate towards solely
using cellular communications in their homes and businesses. To that end, the need for additional coverage
is necessary due to public demand. This is also a strategy for the telecom industry as it begins to rollout the
new 5G technology.
Based on the impending timing of the new law, cities across the state are working to establish the requisite
ordinances, design manuals, application forms, and internal review processes to be in compliance by
September 1.
The following are highlights of the new law:
Mandates that network nodes and their support poles to be installed in the City’s right-of-way
o Includes the use of existing utility poles, traffic signal poles, and the installation of new
poles
o Restricts the installation of nodes on existing decorative poles
o Allows for some restrictions in historic and design districts (i.e. install decorative poles,
reasonable design and concealment restrictions)
o Sets height at a 55-foot maximum
Establishes permit requirements
o Generally required for a node, support pole, and transfer facility
o Up to 30 network nodes are allowed per permit
o Prohibits cities from issuing permits for routine maintenance, replacing or upgrading the
existing node
Establishes time line (shot clock) on City’s permit approval process and Telecom’s installation
o Network node permit request: 30 days for the City to determine completeness; 60 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Node support pole permit: 30 days for the City to determine completeness; 150 days to
approve or deny, and if not acted upon in this timeframe the permit is granted
o Transfer facility: 10 days for the City to determine completeness; 21 days to approve or
deny, and if not acted upon in this timeframe the permit is granted
o If a permit is denied for being incomplete the applicant may resubmit a completed
application within 30 days; the City has 90 days to act on resubmitted applications
Establishes the fee structure:
Network Nodes:
o Application fee: $500 for up to five network nodes, $250 for each addition network node
on a permit
o Annual node site rental rate: $250 per node site, annual CPI adjustment is allowed
Node Support Poles:
o Application fee: $1,000 each pole
o Annual pole rental rate: $250 per pole site
Defines the restriction of node and pole installations by zoning districts
o Municipal parks that meet certain criteria
o Residential areas that meet certain criteria
o Historical districts that meet certain criteria
o Design districts that meet certain criteria
Allows for cities to establish a design manual
o The adopted design manual would establish the City’s design guidelines regarding the
aesthetics of the nodes, the support poles, the nodes enclosure, and the camouflaging of the
electrical supply
Several City departments have been working together over the last several weeks to determine the best
course of action. Based on the recommendations of staff a series of ordinances have been drafted to guide
the implementation of this new legislation. This includes the fee ordinance, design manual and its
enabling ordinance, service pole license agreement, and municipality owned utility license agreement and
its enabling ordinance.
OPTIONS
This new law is an unfunded mandate established by the Texas Legislature and is set to go into effect
September 1, 2017. Unfortunately, there are minimal options available to consider.
RECOMMENDATION
Consider approval of several ordinance related to SB 1004:
Fee ordinance,
Design manual and its enabling ordinance;
Service pole license agreement;
Municipality owned utility license agreement and its enabling ordinance
ESTIMATED SCHEDULE OF PROJECT
Not applicable for this item
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The information related to SB 1004 has been discussed and reviewed in work session for input with the
following City Boards and Commissions:
Planning & Zoning Commission: August 9, 2017
Public Utility Board: August 14, 2017
Historical Landmark Committee: August 14, 2017
FISCAL INFORMATION
At this early stage of the implementation for Senate Bill 1004 it is difficult to calculate the fiscal impact to
the City. The fees are set by the new state law. The revenues generated and expenditures incurred are all
contingent on the number of applications made by the cellular provider.
BID INFORMATION
Not applicable for this item.
STRATEGIC PLAN RELATIONSHIP
The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.
The foundation for the plan is the five long-term Key Focus Areas (KFA): Organizational Excellence;
Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and
Sustainability and Environmental Stewardship. While individual items may support multiple KFAs, this
specific City Council agenda item contributes most directly to the following KFA and goal:
Related Key Focus Area: Public Infrastructure
Related Goal: 1.1 Manage financial resources in a responsible manner
EXHIBITS
1. Agenda Information Sheet
2. Ordinance
Respectfully submitted:
Mario Canizares
Assistant City Manager
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