2017-245ORDINANCE NO. 2017-245
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 SAID AGREEMENTS AS
NEEDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Network Providers may Collocate Attachments to and on the City's
Municipally Owned Utility ("MOU") Poles that are in the Public Right-of-Way to the
extent allowed by Chapter 284, Tex. Local Gov't Code; and
WHEREAS, Chapter 284 states "to the extent this state has delegated its fiduciary
responsibility to municipalities as managers of a valuable public asset, the public right-
of-way, this state is acting in its role as a landowner in balancing the needs of the public
and the needs of the network providers by allowi g access to the public right-of-way to
place network nodes in the public right-of-way strictly within the terms of this chapter";
and
WHEREAS, Chapter 284 states "[i]t is the policy of this state, subject to state law
and strictly within the requirements and limitations prescribed by this chapter, that
municipalities: (1) retain the authority to manage the public right-of-way to ensure the
health, safety, and welfare of the public; and (2) receive from network providers fair and
reasonable compensation for use of the public right-of-way and for collocation on poles";
and
WHEREAS, Section 253 of the Federal Communications Act of 1934, as
amended, including 47 U.S.C. § 253, acknowledges that the City has the authority to
manage and control access to and use of the Public Right-of-Way within the City limits;
and
WHEREAS, the City has been authorized by the State to act as fiduciary and
trustee for the public, in exercising proprietary rights in its discretion to grant use of the
Public Right-of-Way within the City limits and condition that use in accordance with
Chapter 284; and
WHEREAS, Chapter 284, Section 284.101 (a)-(b), et al, sets forth the conditions
to access and Collocation on the City's MOU Poles that are in the Public Right-of-Way
of the Network Nodes to include compliance with the applicable City laws, the City's
Design Manual, and the Chapter 284 limits to the height, width, safety and aesthetic
requirements of Network Nodes; and
WHEREAS, the Licensee shall compensate the City pursuant to applicable state
law, including Chapter 284, for the Collocation of the Network Nodes on Municipally
Owned Poles in the City's Public Right-of-Way; and
WHEREAS, the Licensee's non-exclusive use at locations in its Public Right-of-
Way, will be subject to the terms and conditions set forth in a Municipally Owned Utility
Pole Wireless Network Node Collocation Attachment License Agreement, and pursuant
to Permits issued by the City Engineer; and
WHEREAS, the terms "Collocate", "Collocation", "Attachment", "Municipally
Owned Utility Poles", "Public Right-of-Way", "Network Nodes", "Design Manual" and
"Permits" are used as the same are defined in Ch. 284, Tex, Local Gov't Code; and
WHEREAS, a Municipally Owned Pole Wireless Network Node Collocation
Attachment License Agreement is in furtherance of the City's authority under both state
and federal law to manage the Public Right-of-Way to ensure the health, safety, and
welfare of the public; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1 mm That the findings set forth above are incorporated as if fully set
forth herein.
SECTION 2. That the City Attorney is authorized, with appropriate technical
direction and guidance from Denton Municipal Electric staff, to negotiate with Network
Providers, draft, and approve a Municipally Owned Utility Pole Wireless Network Node
Collocation Attachment License Agreement as required with for use with Attachments
Collocated to and on the City's MOU Poles as allowed under Chapter 284, Tex. Local
Gov't Code.
. TION 3. That the compensation due to the City under a Municipally Owned
SEC.. .._
Utility Pole Wireless Network Node Collocation Attachment License Agreement will be
established by separate ordinance.
_SECTION 4. That the City Manager, or designee, is authorized to execute and
deliver on behalf of the City, Municipally Owned Utility Pole Wireless Network Node
Collocation Attachment License Agreement" between the City of Denton and Network
Providers desiring to Collate Attachments to and on the City's Municipally Owned
Utility Pole as allowed under Chapter 284, Tex. Local Gov't Code and in compliance
with applicable City laws, the City's Design Manual, and the Chapter 284 limits to the
height, width, safety and aesthetic requirements of Network Nodes.
SECTION 5. That this ordinance shall become effective September 1, 2017.
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PASSED AND APPROVED this the�day of �,�N ,�� �;,� � °, 2017.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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��'����r�'�:��i� AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
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