HomeMy WebLinkAbout2017-051 Senate Bill 1004Date: July 28, 2017
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Implementation of SB 1004 (Small Cellular Antennas/Nodes)
BACKGROUND:
Report No. 2017-051
In the 85th 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 SG 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 far 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 Netwark 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
This new law is an unfunded mandate established by the Texas Legislature and is set to go into
effect September l, 2017. At this time there are minimal options available to consider. However,
the City of McAllen, Texas, is compiling a list of cities that may be interested in forming a group
to sue the State of Texas to call into question the constitutionality of the law. This effort may delay
the implementation of the new law and allow cities additional time in evaluating the law's impact.
Nevertheless, the City is pursuing the effort for this law going into effect on September 1.
The information related to SB 1004 is being forwarded 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
The plan is for an ordinance to be presented and considered at the August 22, 2017, City Council
meeting.
ATTACHMENTS:
1. Senate Bill 10041egislation
STAFF CONTACT:
Mario Canizares, Assistant City Manager
(940) 349-8535
Mario.Canizares(a��yofdenton.coin
7/5/2017
Texas-2017-SB 1004-Enrolled
S.B. No. 1004
AN ACT
relating to the deployment of network nodes in public right-of-way;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Local Government Code, is
amended by adding Chapter 284 to read as follows:
CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 284.001. FINDINGS AND POLICY. (a) The leaislature
finds that•
(1) network nodes are instrumental to increasina
access to advanced technoloav and information for the citizens of
this state and therebv further an important public policv of havina
reliable wireless networks and services;
(2) this state has deleaated to each municipalitv the
fiduciary duty, as a trustee, to manaae the public riaht-of-way for
the health, safety, and welfare of the public, sub�ect to state law;
(3) network nodes often mav be deploved most
effectivelv in the public riaht-of-wav;
(4) network providers' access to the public
riaht-of-wav and the abilitv to attach network nodes to poles and
structures in the public riaht-of-wav allow network providers to
densifv their networks and provide next-aeneration services;
(5) expeditious processes and reasonable and
nondiscriminatory terms, conditions, and compensation for use of
the public riaht-of-wav for network node deplovments are essential
to state-of-the-art wireless services and therebv further an
important public policv of havina reliable wireless networks and
services;
(6) network nodes help ensure that this state remains
competitive in the alobal economv;
(7) the timelv permittina of network nodes in the
public riqht-of-wav is a matter of statewide concern and interest;
(8) reauirements of this chapter reaardina fees,
charaes, rates, and public riaht-of-wav manaaement, when
considered with fees charaed to other public riaht-of-wav users
under this code, are fair and reasonable and in compliance with 47
U.S.C. Section 253;
(9) to the extent this state has deleaated its
fiduciary responsibilitv to municipalities as managers of a
valuable public asset, the public riaht-of-wav, this state is
actina in its role as a landowner in balancina the needs of the
public and the needs of the network providers bv allowina access to
the public riaht-of-wav to place network nodes in the public
riaht-of-wav strictiv within the terms of this chapter; and
(10) as to each municipalitv, includina home-rule
municipalities, this state has determined that it is reasonable and
necessary to allow access to the public riaht-of-wav for the
purposes of deplovina network nodes to protect and safeauard the
health, safetv, and welfare of the public as provided bv this
chapter.
(bl In order to safeauard the health, safety, and welfare of
the public, it is the policy of this state to promote the adoption
of and encouraae competition in the provision of wireless services
bv reducina the barriers to entry for providers of services so that
the number and tvpes of services offered bv providers continue to
increase throuah competition.
(c) It is the policv of this state, sub�ect to state law and
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strictly within the requirements and limitations prescribed bv this
chapter, that municipalities:
(1) retain the authoritv to manaae the public
riaht-of-wav to ensure the health, safetv, and welfare of the
public; and
(2) receive from network providers fair and reasonable
compensation for use of the public riaht-of-wav and for collocation
on poles.
Sec. 284.002. DEFINITIONS. In this chapter:
(11 "Antenna" means communications equipment that
transmits or receives electromaanetic radio freauencv sianals used
in the provision of wireless services.
(2) "Applicable codes" means:
(A) uniform buildina, fire, electrical,
plumbina, or mechanical codes adopted bv a recoanized national code
oraanization; and
(B) local amendments to those codes to the extent
not inconsistent with this chapter.
(3) "Collocate" and "collocation" mean the
installation, mountina, maintenance, modification, operation, or
replacement of network nodes in a public right-of-way on or
ad�acent to a pole.
(4) "Decorative pole" means a streetli.crht pole
speciallv desianed and placed for aesthetic purposes and on which
no appurtenances or attachments, other than speciallv desianed
informational or directional sianaae or temporary holidav or
special event attachments, have been placed or are permitted to be
placed accordina to nondiscriminatory municipal codes.
(5) "Desian district" means an area that is zoned, or
otherwise desianated bv municipal code, and for which the citv
maintains and enforces uniaue desian and aesthetic standards on a
uniform and nondiscriminatory basis.
(6) "Historic district" means an area that is zoned or
otherwise desianated as a historic district under municipal, state,
or federal law.
(7) "Law" means common law or a federal, state, or
local law, statute, code, rule, reaulation, order, or ordinance.
(8) "Macro tower" means a auved or self-supported pole
or monopole areater than the heiaht parameters prescribed bv
Section 284.103 and that supports or is capable of supportina
antennas.
(9) "Micro network node" means a network node that is
not laraer in dimension than 24 inches in lenath, 15 inches in
width, and 12 inches in heiaht, and that has an exterior antenna, if
any, not lonaer than 11 inches.
(10) "Municipallv owned utilitv pole" means a utilitv
pole owned or operated bv a municipally owned utilitv, as defined bv
Section 11.003, Utilities Code, and located in a public
right-of-way.
(11) "Municipal park" means an area that is zoned or
otherwise desianated bv municipal code as a public park for the
purpose of recreational activitv.
(12) "Network node" means eauipment at a fixed
location that enables wireless communications between user
eauipment and a communications network. The term:
(A) includes:
communications;
(i) eauipment associated with wireless
(iil a radio transceiver, an antenna, a
battery-only backup power supply, and comparable equipment,
reaardless of technoloaical confiauration; and
(iii) coaxial or fiber-optic cable that is
immediatelv ad�acent to and directiv associated with a particular
collocation; and
(B) does not include:
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(i) an electric aenerator;
(ii) a pole; or
(iii) a macro tower.
(13) "Network provider" means:
(A) a wireless service provider; or
(B) a person that does not provide wireless
services and that is not an electric utilitv but builds or installs
on behalf of a wireless service provider:
(i) network nodes; or
(ii) node support poles or any other
structure that supports or is capable of supportina a network node.
(14) "Node support pole" means a pole installed bv a
network provider for the primary purpose of supportina a network
node.
(15) "Permit" means a written authorization for the
use of the public riaht-of-wav or collocation on a service pole
reauired from a municipalitv before a network provider mav perform
an action or initiate, continue, or complete a pro�ect over which
the municipalitv has police power authoritv.
(16) "Pole" means a service pole, municipallv owned
utility pole, node support pole, or utility pole.
(17) "Private easement" means an easement or other
real property riaht that is only for the benefit of the arantor and
arantee and their successors and assians.
(18) "Public riaht-of-wav" means the area on, below,
or above a public roadwav, hiahwav, street, public sidewalk, allev,
waterwav, or utilitv easement in which the municipalitv has an
interest. The term does not include:
(A) a private easement; or
(B) the airwaves above a public riqht-of-wav with
reaard to wireless telecommunications.
(19) "Public riaht-of-wav manaaement ordinance" means
an ordinance that complies with Subchapter C.
(20) "Public riaht-of-wav rate" means an annual rental
charae paid bv a network provider to a municipalitv related to the
construction, maintenance, or operation of network nodes within a
public riaht-of-wav in the municipalitv.
(21) "Service pole" means a pole, other than a
municipallv owned utilitv pole, owned or operated bv a municipalitv
and located in a public riaht-of-wav, includina:
(A) a pole that supports traffic control
functions;
(B) a structure for sianaae;
(C) a pole that supports liahtina, other than a
decorative pole; and
(D) a pole or similar structure owned or operated
bv a municipalitv and supportina onlv network nodes.
(22) "Transport facilitv" means each transmission
path physically within a public riaht-of-way, extendina with a
phvsical line from a network node directiv to the network, for the
purpose of providina backhaul for network nodes.
(23) "Utilitv pole" means a pole that provides:
(A) electric distribution with a voltaae ratina
of not more than 34.5 kilovolts; or
(B) services of a telecommunications provider,
as defined bv Section 51.002, Utilities Code.
(24) "Wireless service" means anv service, usina
licensed or unlicensed wireless spectrum, including the use of
Wi-Fi, whether at a fixed location or mobile, provided to the public
usina a network node.
. (25) "Wireless service provider" means a person that
provides wireless service to the public.
Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES.
(a) Except as provided bv Section 284.109, a network node to which
this chapter applies must conform to the followina conditions:
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(11 each antenna that does not have exposed elements
and is attached to an existing structure or pole:
(A) must be located inside an enclosure of not
more than six cubic feet in volume;
(B) mav not exceed a heiaht of three feet above
the existina structure or pole; and
(C) mav not protrude from the outer circumference
of the existina structure or pole bv more than two feet;
(2) if an antenna has exposed elements and is attached
to an existina structure or pole, the antenna and all of the
antenna's exposed elements:
(A) must fit within an imaainary enclosure of not
more than six cubic feet;
(B) may not exceed a heiaht of three feet above
the existina structure or pole; and
(C) mav not protrude from the outer circumference
of the existina structure or pole bv more than two feet;
(3) the cumulative size of other wireless eauipment
associated with the network node attached to an existina structure
or pole mav not•
(Al be more than 28 cubic feet in volume; or
(B) protrude from the outer circumference of the
existina structure or pole by more than two feet;
(4) around-based enclosures, separate from the pole,
mav not be hiaher than three feet six inches from arade, wider than
three feet six inches, or deeper than three feet six inches; and
(5) pole-mounted enclosures mav not be taller than
five feet.
(b) The followina tvpes of associated ancillary eauipment
are not included in the calculation of eauipment volume under
Subsection (a):
(1) electric meters;
(2) concealment elements;
(3) telecommunications demarcation boxes;
(4) aroundina eauipment;
(5) power transfer switches;
(6) cut-off switches; and
(7) vertical cable runs for the connection of power
and other services.
(c) Eauipment attached to node support poles mav not
protrude from the outer edae of the node support pole bv more than
two feet.
(d) Eauipment attached to a utilitv pole must be installed
in accordance with the National Electrical Safetv Code, sub�ect to
applicable codes, and the utilitv pole owner's construction
standards.
SUBCHAPTER B. USE OF PUBLIC RIGHT-OF-WAY
Sec. 284.051. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to activities related to transport facilities for
network nodes, activities of a network provider collocatina network
nodes in the public riaht-of-wav or installina, constructina,
o�eratina, modifvina, replacina, and maintainina node support
poles in a public riaht-of-wav, and municipal authoritv in relation
to those activities.
Sec. 284.052. EXCLUSIVE USE PROHIBITED. A municipalitv mav
not enter into an exclusive arranaement with anv person for use of
the public riaht-of-wav for the construction, operation,
marketing, or maintenance of network nodes or node su�port poles.
Sec. 284.053. ANNUAL PUBLIC RIGHT-OF-WAY RATE. (a) A
public riaht-of-way rate for use of the public riaht-of-way may not
exceed an annual amount eaual to $250 multiplied bv the number of
network nodes installed in the public riaht-of-wav in the
municipalitv's corporate boundaries.
(b) At the municipalitv's discretion, the municipalitv mav
charae a network provider a lower rate or fee if the lower rate or
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fee is•
(11 nondiscriminatory;
(2) related to the use of the public riaht-of-wav; and
(3) not a prohibited aift of public propertv.
Sec. 284.054. PUBLIC RIGHT-OF-WAY RATE ADJUSTMENT. (a) In
this section, "consumer price index" means the annual revised
Consumer Price Index for All Urban Consumers for Texas, as
published bv the federal Bureau of Labor Statistics.
(b) A municipality may ad�ust the amount of the public
riaht-of-way rate not more often than annually by an amount eaual to
one-half the annual chanae, if any, in the consumer price index.
The municipalitv shall provide written notice to each network
provider of the new rate, and the rate shall apply to the first
payment due to the municipality on or after the 60th day followinq
that notice.
Sec. 284.055. USE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE
RATE. (a) A network provider that wants to connect a network node
to the network usina the public riaht-of-wav mav:
(1) install its own transport facilities subiect to
Subsection (b); or
(21 obtain transport service from a person that is
payina municipal fees to occupy the public riaht-of-way that are
the equivalent of not less than S28 per node per month.
(b) A network provider mav not install its own transport
facilities unless the provider:
(1) has a permit to use the public riaht-of-wav; and
(2) pays to the municipalitv a monthlv public
riaht-of-wav rate for transport facilities in an amount eaual to
$28 multiplied bv the number of the network provider's network
nodes located in the public riaht-of-wav for which the installed
transport facilities provide backhaul unless or until the time the
network provider's pavment of municipal fees to the municipalitv
exceeds its monthlv aaareaate per-node compensation to the
municipalitv.
(c) A public riaht-of-wav rate reauired bv Subsection (b) is
in addition to anv public riaht-of-wav rate reauired bv Section
284.053.
Sec. 284.056. COLLOCATION OF NETWORK NODES ON SERVICE
POLES. A municipalitv, sub�ect to an aareement with the
municipalitv that does not conflict with this chapter, shall allow
collocation of network nodes on service poles on nondiscriminatory
terms and conditions and at a rate not areater than $20 per vear per
service pole.
Sec. 284.057. PROHIBITION ON OTHER COMPENSATION. A
municipalitv mav not reauire a network provider to pay any
compensation other than the compensation authorized bv this chapter
for the riaht to use a public riaht-of-wav for network nodes, node
support poles, or transport facilities for network nodes.
SUBCHAPTER C. ACCESS AND APPROVALS
Sec. 284.101. RIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY.
(a) Except as specificallv provided bv this chapter, and sub�ect
to the reauirements of this chapter and the approval of a permit
application, if reauired, a network provider is authorized, as a
permitted use, without need for a special use permit or similar
zonina review and not sub�ect to further land use approval, to do
the followina in the public riaht-of-wav:
(1) construct, modifv, maintain, operate, relocate,
and remove a network node or node support pole;
(2) modify or replace a utility pole or node support
pole; and
(3) collocate on a pole, sub�ect to an aareement with
the municipalitv that does not conflict with this chapter.
(b) A network provider takina an action authorized bv
Subsection (a) is sub�ect to applicable codes, includina applicable
public riaht-of-wav manaaement ordinances.
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Sec. 284.102. GENERAL CONSTRUCTION AND MAINTENANCE
REOUIREMENTS. A network provider shall construct and maintain
network nodes and node support poles described bv Section 284.101
in a manner that does not:
(1) obstruct, impede, or hinder the usual travel or
public safetv on a public riaht-of-wav;
(2) obstruct the leaal use of a public riaht-of-wav bv
other utilitv providers;
(3) violate nondiscriminatory applicable codes;
(41 violate or conflict with the municipalitv's
publicly disclosed public riaht-of-way desi.crn specifications; or
(5) violate the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Section 12101 et seq.).
Sec. 284.103. GENERAL LIMITATION ON PLACEMENT OF POLES. A
network provider shall ensure that each new, modified, or
replacement utilitv pole or node support pole installed in a public
riaht-of-wav in relation to which the network provider received
approval of a permit application does not exceed the lesser of:
(1) 10 feet in heiaht above the tallest existina
utilitv pole located within 500 linear feet of the new pole in the
same public riaht-of-way; or
(2) 55 feet above around level.
Sec. 284.104. INSTALLATION IN MUNICIPAL PARKS AND
RESIDENTIAL AREAS. (a) A network provider mav not install a new
node support pole in a public riaht-of-wav without the
municipalitv's discretionarv, nondiscriminatorv, and written
consent if the public riaht-of-wav is in a municipal park or is
ad�acent to a street or thorouahfare that is:
(1) not more than 50 feet wide; and
(2) ad�acent to sinale-familv residential lots or
other multifamilv residences or undeveloped land that is desianated
for residential use bv zonina or deed restrictions.
(b) In addition to the reauirement prescribed bv Subsection
(a), a network provider installina a network node or node support
pole in a public riaht-of-wav described bv Subsection (a) shall
complv with private deed restrictions and other private
restrictions in the area that applv to those facilities.
Sec. 284.105. INSTALLATION IN HISTORIC OR DESIGN DISTRICTS.
(a) A network provider must obtain advance approval from a
municipalitv before collocatina new network nodes or installina new
node support poles in an area of the municipalitv zoned or otherwise
desianated as a historic district or as a desian district if the
district has decorative poles. As a condition for approval of new
network nodes or new node support poles in a historic district or a
desian district with decorative poles, a municipality may reauire
reasonable desian or concealment measures for the new network nodes
or new node support poles. A municipalitv mav reauest that a
network provider complv with the desian and aesthetic standards of
the historic or desictn district and explore the feasibilitv of
usina certain camouflaae measures to improve the aesthetics of the
new network nodes, new node support poles, or related around
eauipment, or anv portion of the nodes, poles, or eauipment, to
minimize the impact to the aesthetics in a historic district or on a
desian district's decorative poles.
(b) This section mav not be construed to limit a
municipalitv's authoritv to enforce historic preservation zonina
reaulations consistent with the preservation of local zonina
authority under 47 U.S.C. Section 332(c)(7), the requirements for
facility modifications under 47 U.S.C. Section 1455(a), or the
National Historic Preservation Act of 1966 (54 U.S.C. Section
300101 et sea.), and the reaulations adopted to implement those
laws.
Sec. 284.106. EOUIPMENT CABINETS. A network provider shall
ensure that the vertical heiaht of an eauipment cabinet installed
as part of a network node does not exceed the heiaht limitation
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prescribed by Section 284.003, sub�ect to approval of the pole's
owner if applicable.
Sec. 284.107. COMPLIANCE WITH UNDERGROUNDING REOUIREMENT.
(a) A network provider shall, in relation to installation for
which the municipalitv approved a permit application, complv with
nondiscriminatory underaroundina reauirements, includina
municipal ordinances, zonina reaulations, state law, private deed
restrictions, and other public or private restrictions, that
prohibit installina abovearound structures in a public
riaht-of-wav without first obtainina zonina or land use approval.
(b) A requirement or restriction described by Subsection
(a) may not be interpreted to prohibit a network provider from
replacina an existina structure.
Sec. 284.108. DESIGN MANUAL. (a) A municipality may adopt
a desian manual for the installation and construction of network
nodes and new node support poles in the public riaht-of-wav that
includes additional installation and construction details that do
not conflict with this chapter. The desian manual mav include:
(1) a reauirement that an industry standard pole load
analvsis be completed and submitted to the municipalitv indicatina
that the service pole to which the network node is to be attached
will safely su�port the load; and
(2) a requirement that network node equipment placed
on new and existina poles be placed more than eiaht feet above
around level.
(b) A network provider shall complv with a desian manual, if
anv, in place on the date a permit application is filed in relation
to work for which the municipalitv approved the permit application.
A municipalitv's obliaations under Section 284.154 mav not be
tolled or extended pendina the adoption or modification of a desian
manual.
Sec. 284.109. EXCEPTIONS. Sub�ect to Subchapter D, a
network provider mav construct, modifv, or maintain in a public
riaht-of-wav a network node or node support pole that exceeds the
heiaht or distance limitations prescribed bv this chapter onlv if
the municipalitv approves the construction, modification, or
maintenance sub�ect to all applicable zonina or land use
reaulations and applicable codes.
Sec. 284.110. DISCRIMINATION PROHIBITED. A municipalitv,
in the exercise of the municipalitv's administrative and reaulatory
authoritv related to the manaaement of and access to the public
riaht-of-wav, must be competitivelv neutral with reaard to other
users of the public riaht-of-way.
SUBCHAPTER D. APPLICATIONS AND PERMITS
Sec. 284.151. PROHIBITION OF CERTAIN MUNICIPAL ACTIONS.
(a) Except as otherwise provided bv this chapter, a municipalitv
may not prohibit, reaulate, or charae for the installation or
collocation of network nodes in a public riaht-of-way.
(b) A municipality may not directly or indirectiv require,
as a condition for issuina a permit reauired under this chapter,
that the applicant perform services unrelated to the installation
or collocation for which the permit is souaht, includina in-kind
contributions such as reservina fiber, conduit, or pole space for
the municipalitv.
(c) A municipalitv mav not institute a moratorium, in whole
or in part, express or de facto, on:
(1) filina, receivina, or processina applications; or
(21 issuinc�permits or other approvals, if any, for
the installation of network nodes or node support poles.
Sec. 284.152. AUTHORITY TO REOUIRE PERMIT. (a) Except as
otherwise provided bv this chapter, a municipalitv mav reauire a
network provider to obtain one or more permits to install a network
node, node support pole, or transport facilitv in a public
riaht-of-wav if the permit:
(1) is of aeneral applicabilitv to users of the public
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riaht-of-way;
(21 does not apply exclusively to network nodes; and
(3) is processed on nondiscriminatory terms and
conditions reaardless of the tvpe of entitv submittina the
application for the permit.
(b) A network provider that wants to install or collocate
multiple network nodes inside the territorial �urisdiction of a
sinale municipalitv is entitled to file a consolidated permit
application with the municipality for not more than 30 network
nodes and receive permits for the installation or collocation of
those network nodes.
Sec. 284.153. GENERAL PROCESS RELATING TO PERMIT
APPLICATION. (a) Except as otherwise provided by this section, a
municipality may not require an a�plicant to provide more
information to obtain the permit than a telecommunications utilitv
that is not a network provider is reauired to provide unless the
information directiv relates to the reauirements of this chapter.
(b) As part of the standard form for a permit application, a
municipalitv mav reauire the applicant to include applicable
construction and enaineerina drawinas and information to confirm
that the applicant will comply with the municipality's publicly
disclosed public riaht-of-wav desian specifications and applicable
codes.
(c) A municipalitv mav reauire an applicant to provide:
(1) information reasonablv related to the provider's
use of the public riaht-of-wav under this chapter to ensure
compliance with this chapter;
(2) a certificate that the network node complies with
applicable reaulations of the Federal Communications Commission;
and
(3) certification that the proposed network node will
be placed into active commercial service bv or for a network
provider not later than the 60th dav after the date the construction
and final testina of the network node is completed.
Sec. 284.154. MUNICIPAL REVIEW PROCESS. (a) A
municipalitv shall process each permit application on a
nondiscriminatory basis.
(b) Not later than the 30th dav after the date the
municipalitv receives an application for a permit for a network
node or node support pole, or the lOth dav after the date the
municipalitv receives an application for a permit for a transport
facilitv, the municipalitv shall determine whether the application
is complete and notifv the applicant of that determination. If the
municipalitv determines that the application is not complete, the
municipalitv shall specificallv identifv the missina information.
(c) A municipalitv shall approve an application that does
not reauire zonina or land use approval under this chapter unless
the application or the correspondina work to be performed under the
permit does not comply with the municipalitv's applicable codes or
other municipal rules, reaulations, or other law that is consistent
with this chapter.
(d) A municipalitv must approve or denv an application for a
node support pole not later than the 150th dav after the date the
municipalitv receives the complete application. A municipalitv
must approve or denv an application for a network node not later
than the 60th dav after the date the municipalitv receives the
complete application. A municipalitv must approve or denv an
application for a transport facility not later than the 21st day
after the date the municipality receives a complete a�plication.
An application for a permit for a node support pole, network node,
or transport facilitv shall be deemed approved if the application
is not approved or denied on or before the applicable date for
approval or denial prescribed bv this subsection.
(e) A municipalitv that denies a complete application must
document the basis for the denial, includina the specific
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applicable code provisions or other municipal rules, reaulations,
or other law on which the denial was based. The municipality shall
send the documentation bv electronic mail to the applicant on or
before the date the municipalitv denies the application.
(f) Not later than the 30th dav after the date the
municipalitv denies the application, the applicant mav cure the
deficiencies identified in the denial documentation and resubmit
the application without pavina an additional application fee, other
than a fee for actual costs incurred by the municipality.
Notwithstanding Subsection (d), the municipality shall approve or
deny the revised completed application after a denial not later
than the 90th day after the date the municipality receives the
completed revised application. The municipalitv's review of the
revised application is limited to the deficiencies cited in the
denial documentation.
Sec. 284.155. TIME OF INSTALLATION. (a) A network
provider shall beain the installation for which a permit is aranted
not later than six months after final approval and shall diliaentiv
pursue the installation to completion.
(b) Notwithstandina Subsection (a), the municipalitv mav
place a lonaer time limit on completion or arant reasonable
extensions of time as requested by the network provider.
Sec. 284.156. APPLICATION FEES. (a) A municipality may
charae an application fee for a permit onlv if the municipalitv
reauires the pavment of the fee for similar tvpes of commercial
development inside the municipalitv's territorial �urisdiction
other than a tvpe for which application or permit fees are not
allowed bv law.
(b) The amount of an application fee charaed bv a
municipalitv mav not exceed the lesser of:
(1) the actual, direct, and reasonable costs the
municipalitv determines are incurred in arantina or processina an
application that are reasonablv related in time to the time the
costs of arantina or processina an application are incurred; or
(2) 5500 per application coverina up to five network
nodes, 5250 for each additional network node per application, and
$1,000 per application for each pole.
(c) In determinina for purposes of Subsection (b)(1) the
amount of the actual, direct, and reasonable costs, the
municipalitv mav not:
(1) include costs incurred bv the municipalitv in
relation to third-partv leaal or enaineerina review of an
application; or
(2) direct pavments or reimbursement of third-partv
�ublic riaht-of-wav rates or fees charaed on a continaencv basis or
under a result-based arranaement.
Sec. 284.157. CERTAIN WORK EXEMPTED. (a) Notwithstandina
anv other provision of this chapter, a municipalitv mav not reauire
a network provider to submit an application, obtain a permit, or pay
a rate for•
(1) routine maintenance that does not reauire
excavation or closina of sidewalks or vehicular lanes in a public
riaht-of-wav;
(2) replacina or uparadina a network node or pole with
a node or pole that is substantiallv similar in size or smaller and
that does not reauire excavation or closina of sidewalks or
vehicular lanes in a public riaht-of-wav; or
(31 the installation, placement, maintenance.
operation, or replacement of micro network nodes that are struna on
cables between existing poles or node support poles, in compliance
with the National Electrical Safetv Code.
(b) For purposes of Subsection (a)(2):
(1) a network node or pole is considered to be
"substantiallv similar" if:
(A) the new or uparaded network node, includina
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the antenna or other equipment element, will not be more than 10
percent laraer than the existina node, provided that the increase
mav not result in the node exceedina the size limitations provided
bv Section 284.003; and
(B) the new or uparaded pole wi11 not be more than
10 percent hiaher than the existina pole, provided that the
increase mav not result in the pole exceedina the applicable heiaht
limitations prescribed bv Section 284.103;
(2) the replacement or upgrade does not include
replacement of an existina node support pole; and
(3) the replacement or u�arade does not defeat
existing concealment elements of a node support pole.
(c) The determination under Subsection (b)(1) of whether a
replacement or u�arade is substantially similar is made by
measurina from the dimensions of the network node or node support
pole as approved bv the municipalitv.
(d) Notwithstandina Subsection (a):
(1) a municipalitv mav reauire advance notice of work
described bv that subsection;
(2) a network provider mav replace or uparade a pole
only with the approval of the pole's owner; and
(3) the size limitations may not in any event exceed
the parameters prescribed by Section 284.003 without the
municipalitv's approval in accordance with Section 284.109, with
the municipalitv actina on behalf of this state as the fiduciary
trustee of public propertv.
SUBCHAPTER E. ACCESS TO MUNICIPALLY OWNED UTILITY POLES
Sec. 284.201. USE OF MUNICIPALLY OWNED UTILITY POLES.
(a) The aovernina bodv of a municipallv owned utilitv shall allow
collocation of network nodes on municipallv owned utilitv poles on
nondiscriminatory terms and conditions and pursuant to a neaotiated
pole attachment aareement, includina anv applicable permittina
reauirements of the municipallv owned utilitv.
(b) The annual pole attachment rate for the collocation of a
network node supported bv or installed on a municipallv owned
utilitv pole shall be based on a pole attachment rate consistent
with Section 54.204, Utilities Code, applied on a per-foot basis.
(c) The reauirements of Subchapters B, C, and D applicable
to the installation of a network node supported bv or installed on a
pole do not applv to a network node supported bv or installed on a
municipallv owned utilitv pole.
SUBCHAPTER F. EFFECT ON OTHER UTILITIES AND PROVIDERS
Sec. 284.251. DEFINITIONS. In this subchapter:
(1) "Cable service" and "video service" have the
meaninas assianed bv Section 66.002, Utilities Code.
(2) "Electric cooperative" has the meanina assianed bv
Section 11.003, Utilities Code.
(3) "Electric utilitv" has the meanina assianed bv
Section 31.002, Utilities Code.
(4) "Telecommunications provider" has the meanina
assianed bv Section 51.002, Utilities Code.
(5) "Telephone cooperative" has the meanina assianed
bv Section 162.003, Utilities Code.
Sec. 284.252. EFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES,
ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND
TELECOMMUNICATIONS PROVIDERS. Nothina in this chapter shall aovern
attachment of network nodes on poles and other structures owned or
operated by investor-owned electric utilities, electric
cooperatives, telephone cooperatives, or telecommunications
providers. This chapter does not confer on municipalities any new
authoritv over those utilities, cooperatives, or providers.
Sec. 284.253. EFFECT ON PROVIDERS OF CABLE SERVICES OR
VIDEO SERVICES. (a) An approval for the installation, placement,
maintenance, or operation of a network node or transport facilitv
under this chapter mav not be construed to confer authorization to
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provide•
(11 cable service or video service without complvina
with all terms of Chapter 66, Utilities Code; or
(2) information service as defined bv 47 U.S.C.
Section 153(24), or telecommunications service as defined bv 47
U.S.C. Section 153(53), in the public riaht-of-way.
(b) Except as provided bv this chapter, a municipalitv mav
not adopt or enforce anv reaulations or reauirements that would
require a wireless service provider, or its affiliate, that holds a
cable or video franchise under Chapter 66, Utilities Code, to
obtain anv additional authorization or to pav anv fees based on the
provider's provision of wireless service over its network nodes.
SUBCHAPTER G. GENERAL CONDITIONS OF ACCESS
Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS.
(a) Sub�ect to this chapter and applicable federal and state law,
a municipalitv mav continue to exercise zonina, land use, plannina,
and permittina authoritv in the municipalitv's boundaries,
includina with respect to utilitv poles.
(b) A municipalitv mav exercise that authoritv to impose
police-power-based reaulations for the manaaement of the public
riaht-of-way that apply to all persons sub�ect to the municipality.
(c) A municipality may impose police-power-based
reaulations in the manaaement of the activities of network
providers in the public.riaht-of-wav onlv to the extent that the
reaulations are reasonablv necessary to protect the health, safetv,
and welfare of the public.
Sec. 284.302. INDEMNIFICATION. The indemnification
provisions of Sections 283.057(a) and (b) applv to a network
provider accessina a public riaht-of-wav under this chapter.
Sec. 284.303. RELOCATION. Except as provided in existina
state and federal law, a network provider shall relocate or ad�ust
network nodes in a public riaht-of-wav in a timelv manner and
without cost to the municipalitv manaaina the public riaht-of-way.
Sec. 284.304. INTERFERENCE. (a) A network provider shall
operate all network nodes in accordance with all applicable laws,
includina reaulations adopted bv the Federal Communications
Commission.
(b) A network provider shall ensure that the operation of a
network node does not cause anv harmful radio freauencv
interference to a Federal Communications Commission-authorized
mobile telecommunications operation of the municipalitv operatina
at the time the network node was initiallv installed or
constructed. On written notice, a network provider shall take all
steps reasonablv necessary to remedv anv harmful interference.
SECTION 2. (a) In this section, "collocation," "network
node," "network provider," and "public right-of-way" have the
meanings assigned by Section 284.002, Local Government Code, as
added by this Act.
(b) Public/private agreements between a municipality and a
network provider for the deployment of network nodes in the public
right-of-way on fair and reasonable terms as provided by Chapter
284, Local Government Code, as added by this Act, and corresponding
ordinances governing that deployment, are necessary to protect the
health, safety, and welfare of the public by facilitating robust
and dependable wireless networks. Accordingly, those agreements
and ordinances shall be conformed as provided by this section.
(c) Subject to Subsection (d) of this section, the rates,
terms, and conditions of agreements and ordinances entered into or
enacted before the effective date of this Act shall apply to all
network nodes installed and operational before the effective date
of this Act.
(d) For all network nodes installed and operational on or
after the effective date of this Act:
(1) if a rate, term, or condition of an agreement or
ordinance related to the construction, collocation, operation,
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modification, or maintenance of network nodes does not comply with
the requirements of Chapter 284, Local Government Code, as added by
this Act, a municipality shall amend the agreement or ordinance to
comply with the requirements of Chapter 284, Local Government Code,
as added by this Act, and the amended rates, terms, or conditions
shall take effect for those network nodes on the six-month
anniversary of the effective date of this Act; and
(2) the rates, terms, and conditions of each agreement
executed, and each ordinance enacted, on or after the effective
date of this Act shall comply with the requirements of Chapter 284,
Local Government Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2017.
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1004 passed the Senate on
April 6, 2017, by the following vote: Yeas 29, Nays 0, two present
not voting; and that the Senate concurred in House amendment on
May 25, 2017, by the following vote: Yeas 29, Nays 0, two present
not voting.
Secretary of the Senate
I hereby certify that S.B. No. 1004 passed the House, with
amendment, on May 18, 2017, by the following vote: Yeas 140,
Nays 6, two present not voting.
Approved:
Date
Governor
Chief Clerk of the House
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Revision Date
7/26/ 17
Council Re uests for Information
Request Request Staff Responsible Status
Date
L Leased parking spaces in Williams Trade Square (Wells 2/21/17 Booth/Glover This item is scheduled for a work
Fargo) session on August 8.
2. Report on the background and level of service for gas well 3/21/17 Kuechler
inspections / work session on gas well setbacks
3. Discussion on City Hall West 3/21/17 Langley/Canizares This item is scheduled for a work
session on August 15.
4. Work session on adding fitness equipment in the walkways 4/4/17 Vorel Include as part of budget
at parks (cost, feasibility, locations) presentation and supplemental
bud et o tion.
5. Policy on contract penalties for vendors not completing the 4/25/17 Langley/Leal/ This item is scheduled for a work
work on schedule ublic works incentive contracts Canizares session on Au ust 1.
6. City-owned property inventory 5/23/17 Williamson This item is scheduled for a work
session on Au ust 15.
7. Work session on mobility and bike plan overview 5/23/17 Nelson/Anderson This item is scheduled for a work
session on August 15.
8. Work session to review Comp Plan for Economic 5/30/17 Booth This item will be scheduled for a
Development work session in August or
Se tember.
9. ISR on material diversion at landfill and cost avoidance 6/5/17 Cox An ISR is in the Friday July 28
re ort.
10. ISR on landfill minin operation and ROI 6/5/17 Cox Staff is workin on a pro forma.
11. U date on landfill flarin 6/5/17 Cox
12. Information on cost determination far curb rate vs drop-off 6/5/17 Cox Staff is warking with a consultant to
rate at landiill provide a revised cost of service
study.
13. Update on stack of railroad ties— are they being picked up? 6/5/17 Nelson Ties removed from area along
Mingo Rd near Service Center.
Check on status of downtown area.
14. Discussion of a sunset process for external 6/6/17 Langley Process will developed by
contracts/programs procurement compliance specialist,
once hired.
15. Information on an app that allows citizens to report 6/6/17 Kuechler/Kraft Team is reviewing current software
problems or service requests options and goals / workflow
processes.
Request Request Staff Responsible Status
Date
16. Discussion of development code criteria for width of streets 6/6/17 Canizares/Mauladad Street design criteria is being
updated.
17. Update on downtown sidewalks 6/13/17 Hileman County scheduled to construct in Q3
2017.
18. ISR on updated/new software for development review — 6/20/17 Mauladad
how will it help
19. Work session on planning & development studies 6/20/17 Mauladad A work session is scheduled for
October 10.
20. U date on ste s to develo a Facilities Master Plan 6/20/17 Canizares
21. Work session to review open meeting rules and limitations, 6/20/17 Leal/Walters A wark session is scheduled for
include the use of social media Au ust 8.
22. Report of funding from Parks Foundation for current FY 7/18/17 Vorel
23. Staff report and presentation on commercial recycling 7/18/17 Cox
24. Post elected officials financial statements on the website 7/18/17 Walters Plan to post next week and provide
an update on website location.
25. Discuss other changes to Charter: 1) length of PUB terms 7/18/17 Langley A work session is scheduled on
and 2) moving municipal election from May to November August 1.
26. Review Council rules of rocedure 7/18/17 Leal
27. Send city staff representative to Veterans Town Hall 7/18/17 An event summary is included in the
Frida Jul 28 re ort.
28. Cost analysis of cemetery plots and zonin for cemeteries 7/18/17 Vorel/Mauladad
29. Code inquiry — update to film/movie permit requirements 7/18/17 Kuechler Staff is working on an ordinance
with ro osed revisions.
30. Work session on naming rights for City facilities 7/18/17 Canizares
31. Full climate c cle anal sis for Denton Ener Center 7/25/17 Banks
32. Survey and report of how other municipalities and school 7/25/17 Howell
districts fund their School Resource Officers, as well as
analysis of calls to school and efficiency
33. Request to look at adding a turn lane on Ryan Road at 7/25/17 Gillum
Country Club
Cit of Denton City Hall
y 215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton. com
��r��'�'���� Meeting Agenda
City Council
Monday, August 7, 2017 11:30 AM Peterbilt Motors Company, 3200 Airport Road
Training Facility Room 101/102
Joint Meeting of the City Council and the Economic Development Partnership Board of the City of
Denton, Texas on Monday, August 7, 2017 at 11:30 a.m. in the Training Faciliry Room 101/102 at
Peterbilt Motors Company, 3200 Airport Road, Denton, Texas at which the following item will be
considered:
1. Work Session Reqorts
A. ID 17-1016 Receive an update on Peterbilt Motors Company and participate in a tour of the
facility.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2017 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: PETERBILT MOTORS COMPANY IS ACCESSIBLE IN ACCORDANCE WITH THE
AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE
INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY
CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE
SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 1 Printed on 7/27/2017
��r:�v•r�x��
Tuesday, August 8, 2017
City of Denton
Meeting Agenda
City Council
2:00 PM
City Hall
215 E. McKinney St.
Denton, Texas 76201
www.cityofdenton. com
Work Session Room
After determining that a quorum is present, the City Council of the City of Denton, TeXas will convene
in a Wark Session on Tuesday, August 8, 2017 at 2:00 p.m. in the Council Work Session Room at City
Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered:
1. Work Session Reuorts
A. ID 17-977 Receive a report; hold a discussion, and give staff direction regarding the FY
2017-18 City Manager's Proposed Budget, Capital Improvement Program, and
Five-Year Financial Farecast.
B. ID 17-1019
C. ID 17-1043
D. ID 17-1046
Receive a repart, hold a discussion and provide direction on the design schedule for
the proposed reconstruction of Fire Station 3.
Receive information and updates from the City's attorneys and hold a discussion on
the Texas Open Meetings Act and relevant law.
Receive a report and hold a discussion regarding an update from the Capital Projects
department on the status of key projects and overall program update.
2. Concludin� Items
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City
Council or the public with specifc factual information or recitation of policy, or accept a proposal
to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the
Texas Open Meetings Act, provide reports about items of community interest regarding which no
action will be taken, to include: expressions of thanks, congratulations, or condolence; information
regarding holiday schedules; an honorary or salutary recognition of a public official, public
employee, ar other citizen; a reminder about an upcoming event arganized ar sponsared by the
governing body; information regarding a social, ceremonial, ar community event organized or
sponsored by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of people in the
municipality that has arisen after the posting of the agenda.
Following the completion of the Work Session, the City Council will convene in a Closed Meeting to
consider specific items when these items are listed below under the Closed Meeting section of this
agenda. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open
Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as
otherwise allowed by law.
1. Closed Meeting:
A. ID 17-913
Consultation with Attorneys - Under Texas Government Code, Section 551.071
Consult, discuss and deliberate with, and provide direction to, the City's attorneys
City ofDenton Page 1 Printed on 7/27/2017
City Council
Meeting Agenda August 8, 2017
regarding legal issues associated with the current and future unfunded liabilities of
the Denton Firemen's Relief and Retirement Fund, including but not limited to, a
potential solution addressing future unfunded liabilities, where a public discussion
associated with these legal matters would clearly conflict with the duty of the City's
attorneys to the City of Denton and the Denton City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas."
B. ID 17-988 Certain Public Power Utilities: Competitive Matters --- Under Texas Government
Code, Section 551.086.
Receive competitive public power competitive information and financial
information from staff regarding the proposed FY 2017-2018 operaring budget for
Denton Municipal Electric ("DME") including without limitation, proposed rates
for DME for FY 2017-2018, expected revenues, expenses, commodity volumes, and
financial commitments of DME; discuss, deliberate and provide staff with direction.
CERTIFICATE
I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of
Denton, Texas, on the day of , 2017 at o'clock (a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE 1N
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED
AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE
CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
City ofDenton Page 2 Printed on 7/27/2017
.
� � -. �
. -•
1 2 3 4 5
11:30 Committee on Citizen 4 p.m. Public Art Committee
Engagement
8:30 am CC Budget
1:00 CC Work Session Workshop
6:30 CC Regular Session
6 7 8 9 10 11 12
11:30 Joint Meeting of the City 11:30 Mobility Committee 5:30 pm Airport Advisory
Council & Economic Board Meeting
Development Board @ Peterbilt 2:00 2nd Tuesday Session
1:30 Committee on the 6:30 PM- Planning & Zoning
Environment Commission
5:30 Traffic Safety Commission
6:00 p.m. Park Board — Senior
Center
13 14 15 16 17 18 19
9:00 Public Utilities Board 9:30 HOT Committee 4:OOpm HaBSCo Meeting 9:00 am — 5:00 pm
5:30 PM- Historic Landmark Council Planning Session
Commission 2:00 CC Work Session @ UNT Union Foundation
Board Room
6:30 CC Regular Session
20 21 22 23 6:30 PM- Planning & Zoning 24 25 26
Commission
2:00 4th Tuesday Session
27 28 29 30 31 Notes:
9:00 Public Utilities Board
4:00 PM- Zoning Board of
Adjustment
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� � � ' • � ' � • 1
• ' •
1 2
3 4 5 6 7 8 9
Labor Day 4 p.m. Public Art Committee
City Holiday
10 11 12 13 14 15 16
9:00 Public Utilities Board 11:30 Mobility Committee 5:30 pm Airport Advisory
6:0o p.m. Park Board 2:00 CC Work Session Board Meeting
5:30 PM- Historic Landmark 6:30 CC Regular Session 6:30 PM- Planning & Zoning
Commission Commission
17 18 19 20 21 22 23
2:00 CC Work Session 4:OOpm HaBSCo Meeting
6:30 CC Regular Session
24 25 26 27 28 29 30
9:00 Public Utilities Board 6:30 PM- Planning & Zoning
4:00 PM- Zoning Board of 2;00 4th Tuesday Session Commission
Adjustment
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FUTURE CITY COUNCIL ITEMS
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Note: This is a workin draft of endin Council items and is sub'ect to chan e without notice.
Meetin Date Deadlines Item
August 7— Luncheon — 11:30 a.m. Captions — July 24 Joint Meeting with EDP Board at Peterbilt
Backu — Au ust 3
August 8— 2"d Tuesday Session Captions — July 24 WS — Budget Discussion
Backup — August 4 WS — Open Meetings Act review
WS — Fire Station 3 design update
WS — Ca ital Pro�ects u date
August 15 — Work/Regular Session Captions — July 31 WS — Budget Discussion
Backup — August 11 WS — Chamber ED contract
WS — City Hall West update
WS — Mobility and Bike Plan update
IC — EDP Board nominations
IC — Calling Charter Election
IC — Board/Commission nominations and approvals
PH — Public Hearin on Tax Rate
August 22 — 4t" Tuesday Session Captions — August 7 WS — Budget Discussion
Backup — August 18 WS — Stoke contract
WS — Focused Advocacy post-legislative session briefing
WS — Williams Trade Square Lease Agreement
WS — Water Park Update
IC — Small cell transmitter ordinance
August 26 — 9:00 — 3:00 Council Planning Session
Au ust 29 — No Meetin Sth Tuesday
September 4— No Luncheon Labor Day Holiday
Se tember 5— No Meetin
September 12 — Special Called Captions — August 28 WS — Budget Discussion
Work/Regular Session Backup — September 8 IC — Stoke Contract
PH — Second Public Hearing on Tax Rate
PH — Public Hearing on Bud et
September 19 — Work/Regular Session Captions — September 1 WS — Budget Discussion (as needed)
Backup — September 15 WS — Right-of-way management
WS — FY 2018 Annual Audit Plan
IC — Adoption of Tax Rate
IC — Adoption of Budget
IC — Chamber Economic Develo ment contract
CA-Consent Agenda IC-Individual Consideration WS-Work Session
CM-Closed Meering PH-Public Hearing
Meetin Date Deadlines Item
September 26 — 4th Tuesday Session Captions — September 11
Backup — September 22
October 2— Luncheon Captions - September 18 Council Appointee Reviews
Backu - Se tember 28
October 3— No Meeting TML, Houston, TX 10/3-6 � National Night Out
October 10 — 2" Tuesday Session Captions — September 25 Council Appointee Reviews
Backup — October 6 WS — Development Department Update
October 17 — Work/Regular Session Captions - October 2
Backup — October 13
October 24 — 4th Tuesday Session Captions — October 9 ICMA, San Antonio, TX 10/22-25
Backup — October 20
October 31 — No Meeting Sth Tuesda
November 6— Luncheon Captions — October 23
Backu — November 2
November 7— Work/Regular Session Captions — October 23
Backu — November 3
November 14 — 2"d Tuesday Session Captions — October 30 NLC, Charlotte, NC 11/15-18
Backu — November 10
November 21 — No Meeting Thanksgiving, 11/23-24
November 28 — 4th Tuesday Session Captions — November 13
Backup — November 21
December 4— Luncheon Captions — November 20
Backup — November 30
December 5— Work/Regular Session Captions — November 20
Backup — December 1
December 12 — 2"d Tuesday Session Captions — November 27
Backup — December 8
December 19 — No Meeting
December 26 — No Meeting Christmas, 12/24-25 � City offices closed 12/25 & 12/26
CA-Consent Agenda IC-Individual Consideration WS-Work Session
CM-Closed Meering PH-Public Hearing
Construction Projects Report Starting Jul 31-Aug 06, 2017
Street 1 Intersection
road closures
lane closures
Detour Routes
(if applicable)
Crescent and Fulton may be closed to through traffic during summer break but
vehicle access to residences shall remain open at all times.
Barthold Rd at Intersection of 135 Service Rd going West 700' will be closed
(Jun 12-Oct 15)
Proposed Date of I Proposed Date of I grief Description of Construction I Contact
Construction Completion Department
RESIDENTIAL
Alan A Dale no Jul 17, 2017 Aug 17, 2017 Street Reconstruction Streets
Archer Trl to Northern dead end
Ave H yes Jun 26, 2017 Jul 26, 2017 Sewer Main Replacement Wastewater
Louise to Charlotte
Alice no Jun 8, 2017 Jul 28, 2017 MiIl/Overlay Streets
Panhandle to Congress
Bolivar yes Apr 24, 2017 Aug 31, 2017 Street Reconstruction Streets
Congress to Panhandle
Bolivar yes Jul 6, 2017 Aug 6, 2017 Water Line Replacement Water
Hwy 380 to Sunset
Colorado Blvd yes Apr 24, 2017 Aug 28, 2017 Panel Replacement/Sidewalk Streets
Mayhill Rd to Loop 288
Emerson yes Jul 31, 2017 Sep 1, 2017 Street Reconstruction Streets
Nottingham to Hanover
Kendolph yes Jul 22, 2015 Temporary Closure I-35E Hwy Constr. Intersection work Engineering
North Bound
Kingfisher Ct yes Aug 1, 2017 Oct 9, 2017 Street Reconstruction Streets
Kingfisher to Dead End
Kingfisher Ln yes Aug 1, 2017 Oct 9, 2017 Street Reconstruction Streets
Oriole to Cardinal
Knight yes Jul 22, 2015 Temporary Closure I-35E Hwy Constr. Intersection work Engineering
South Bound
Montecito yes Jul 5, 2017 Aug 21, 2017 Street Reconstruction Streets
Hickory Creek to White Dove
McCormick no Jul 31, 2017 Aug 30, 2017 Sidewalk/driveway/Valley gutter repair Streets
Willowwood to 135 Service Rd
Victoria Dr yes Aug 1, 2017 Sep 25, 2017 Street Reconstruction Streets
Churchill to Nottingham
Worthington no Jun 5, 2017 Aug 25, 2017 Concrete Street Panel Repairs Streets
Schuyler to Barcelona
MAJOR ROADS
Barthold yes Jun 12, 2017 Oct 15, 2017 Street Construction Engineering
135 Svc Rd Intersection to 700' West
Bonnie Brae no Jul 10, 2017 Aug 25, 2017 Sidewalk Repair Streets
Windsor to Riney Rd
Crescent no Jun 5, 2017 Aug 14, 2017 Utility Improvements Engineering
Fulton to Alice
Fulton no Jun 5, 2017 Aug 14, 2017 Utility Improvements Engineering
Cordell to Ponder
Geesling yes Jul 24, 2017 Aug 4, 2017 Sewer Line Replacement Wastewater
2836 Geesling to Fishtrap
Hickory yes Jun 16, 2017 Jul 14, 2017 Waterline Replacement Water
Ave F to North Texas
North Texas Alley no Jul 20, 2017 Aug 4, 2017 Street Construction Streets
North Texas Blvd and Miller
S. Lillian Miller no Jun 9, 2017 Aug 4, 2017 Private Development Engineering
Right Lane Southbound at Teasley Ln
Scripture yes Jul 5, 2017 Jul 31, 2017 Base Failures Streets
135 to Bonnie Brae
Note: This provides an Estimate of work to be done the next two weeks. Weather, equipment breakdowns, or other unforeseen problems could cause this
schedule to change.
Drainage 349-7116 / Wafer Distribution 349-7181 / Wastewater 349-8489 / Traffic 349-7342 / Sfreets 349-7160, streets@cityofdenton.com
Engineering 349-8910, engineering@cityofdenfon.com / TX DOT 387-1414, romulo.bahamon@txdotgov / Denton County 349-3420
COMPLETED PROJECTS
Ave G no Jul 21, 2017 Jul 21, 2017 Water Line Replacement Water
Intersection of Ave G and Hickory St
N. Bell yes Jun 1, 2017 Jul 27, 2017 Street Construction Streets
Texas St to University Dr
Crestmeadow yes Apr 10, 2017 Jul 21, 2017 Street Construction Streets
W. Windsor to Thunderbird Dr
Mayhill yes Jul 15, 2017 Jul 16, 2017 A-Train Maintenance Engineering
at Edwards
Picadilly no Jun 21, 2017 Jul 21, 2017 Curb and Valley Gutter Repair Streets
Sherman Dr
Ruddell yes Jul 10, 2017 Jul 10, 2017 Micro Seal Streets
Hwy 380 to Mingo Rd
Sycamore yes Jul 10, 2017 Jul 28, 2017 Curb and Valley Gutter Repair Streets
North Texas Blvd to Ave D
Victoria yes May 23, 2017 Jul 11, 2017 Sewer Main and Lateral Replacements Wastewater
Nottingham to Churchhill