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HomeMy WebLinkAboutOrdinance No. 19-003 Network Nodes - Amendment to Fee Schedule - February 19ORDINANCE NO.19-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,AMENDING THE CODE OF ORDINANCES BY AMENDING APPENDIX A,THE FEE SCHEDULE,TO PROVIDE FEES APPLICABLE TO THE INSTALLATION OF NETWORK NODES (SMALL WIRELESS FACILITIES)AND RELATED EQUIPMENT IN THE CITY RIGHT-OF-WAY;PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.That the Code of Ordinances of the City of University Park,Texas is amended by amending Appendix A,"Fee Schedule",adding Section A.3.012 to read as follows: "Appendix A -FEE SCHEDULE Sec.A.3.012 Network Provider Fees: Small cell application fee-one time (These fees shall $500.00 (non-recurring single,up- not exceed and are capped by statutory or FCC limits.)front application for 1-5 network nodes/Small Wireless Facilities)plus $100.00 for each additional facility beyond five;a $1,000.00 non- recurring fee per new pole (not a collocation) Small cell user fees-annual (These fees shall not $250.00 annually for each network exceed and are capped by statutory or FCC limits.)node ("Small Wireless Facility"), plus $20.00 per year for attachment to a municipally-owned structure in the right-of-way,if applicable Transport Facility monthly user fee (This fee shall not $28 per month mUltiplied by the exceed and is capped by statutory limits.)number of the Network Provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul, until the time the Network Provider's payment or that of its transport provider to the City TM 105718 exceeds its monthly aggregate per- node compensation to the City" SECTION 2.All provisions of the ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 3.Should any sentence,paragraph,subdivision,clause,phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance or any part or provision thereof other than the part so decided to be invalid,illegal or unconstitutional,and shall not affect the validity of the Code of Ordinances. SECTION 4.This Ordinance shall take effect on January 14,2019,as the law and Charter in such cases provide. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,ON THE 19th DAY OF FEBRUARY 2019. APPROVED: ATTEST: CHRISTINE GREEN,CITY SECRETARY APPROVED AS TO FORM: £.~ ™105718