(Ordinance 2017-29 adopted 12/5/17)
See chapter 15 for definitions of the terms below. The town shall not issue any refunds of fees tendered for any equipment covered by Texas Local Government Code chapter 284 which has been removed.
(b)
Node
support poles.
The lesser of the actual cost to the town,
or $1,000.00 per application for each pole.
(Ordinance 2017-29 adopted 12/5/17)
Rate calculated at time of application by town staff in accordance
with Tex. Util. Code sec. 54.204.
(Ordinance 2017-29 adopted 12/5/17)
(a)
Unless
otherwise provided by ordinance, payments of annual rates for a calendar
year shall be tendered to the town on or before September 30th of
that calendar year. Payments of annual rates for facilities installed
or constructed on or after October 1st of a calendar year shall be
tendered to the town no later than September 30th of the following
calendar year.
(b)
Network
nodes and transport facilities.
$250.00 multiplied by
the number of network nodes installed in the public right-of-way in
the town’s corporate limits. In the discretion of the town council,
the town may charge a network provider a lower rate or fee if the
lower rate or fee is nondiscriminatory, related to the use of the
public right-of-way, and not a prohibited gift of public property.
(c)
Node
support poles.
No separate rate independent of the network
node rate above.
(Ordinance 2017-29 adopted 12/5/17)
(a)
Transport
facilities installed by a network provider.
$28.00 multiplied
by the number of the network provider’s network nodes in the
public right-of-way for which the installed transport facilities provide
backhaul. This rate is in addition to the annual public right-of-way
rate applicable to the transport facility under section A7.003, if
any. This rate shall apply unless and until the time the network provider’s
payment of other municipal fees to the town exceeds its monthly aggregate
per-node compensation to the municipality (e.g., under LGC, chapter
283 or Texas Utilities Code, chapter 66).
(b)
Transport
facilities installed by nonnetwork provider.
The base
rate supplied by town staff at the time of application, multiplied
by the number of network nodes in the public right-of-way for which
the owner’s transport facilities provide backhaul. Persons building
or installing network nodes, or node support poles (or any other structure)
that supports, or is capable of supporting, a network node, under
a contractual arrangement with a wireless service provider shall be
subject to the rate applicable to network providers above.
(Ordinance 2017-29 adopted 12/5/17)
Network nodes. $20.00 per service pole
per year.
(Ordinance 2017-29 adopted 12/5/17)
(a)
Except for those persons holding an existing franchise agreement or other contract with the town as of the effective date of this article that authorizes the use of the town’s public rights-of-way or those persons whose fees for the use of the town’s public rights-of-way are established by applicable federal or state law rule, regulation or tariff (including without limitation fees related to network nodes, poles and associated facilities governed under chapter 15), persons using the town’s public rights-of-way shall be charged the following fees as applicable:
(b)
The
application fee for a permit to use the public right-of-way is $500.00.
(c)
Except as set forth in subsection (d), annual fees are determined and payable as follows:
(1)
The annual fee (due on the anniversary date of the issuance of a
permit if the improvements that are the subject of the permit are
still in the public right-of-way) for a permit to use a public right-of-way
for the following uses is:
(2)
Fee for encroachment of historically significant structures (as determined
by town) into public right-of-way: $350.00.
(3)
Fee for newspaper racks placed in the public right-of-way: $25.00
each.
(4)
Fee for railroad crossing: Not less than $250.00 per track crossing
the public right-of-way or an amount determined by the town engineer
or his/her designee and established in this article granting the franchise.
The fee will not be assessed for a railroad crossing where the railroad
crossing existed before the public right-of-way was established.
(5)
Fee for landscaping and appurtenant irrigation systems: $350.00.
(6)
Fee for awnings: $50.00.
(7)
Fee for curb cuts (other than driveway approaches, see article A3.000)*: $75.00.
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* A permit fee is not required if: (1) the permit is being issued
in connection with the construction of a new residential or nonresidential
building; or (2) the work described in the permit is included in another
permit issued concurrently to the applicant.
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(d)
The annual fee for use of the public right-of-way for uses other than those listed in subsection (b), above, is $350.00 or as calculated in accordance with one of the following formulas, whichever is greater:
(1)
Fee for use of public right-of-way, including but not limited to
sidewalk vendors (where allowed): Area × market value ×
85 percent × 12 percent.
(2)
Fee for subsurface use only: Area × market value × 30
percent × 12 percent.
(3)
Fee for air rights only: Area × market value × 85 percent
× 85 percent × 12 percent.
(4)
Fee for commercial parking (if permitted by town): 50 percent of
gross receipts.
(e)
As
used in this article, and unless otherwise determined by the town
council, the “market value” of the area permitted or licensed
shall be based on the per square foot appraised value, as determined
by the central appraisal district, of a fee simple interest in a useable
tract of abutting property.
(f)
The
town engineer of other designee of the town manager shall, not less
than biannually, review the market value of licensed areas for which
fees are based upon market value. If it is determined that the market
value of a licensed area has decreased, the town shall notify the
licensee/franchisee in writing that the annual fee has been decreased.
If it is determined that the market value of a licensed area has increased,
the town shall notify the licensee/franchisee in writing that the
annual fee has been increased. If the licensee/franchisee is unwilling
to accept the increased fee, the licensee/franchisee may terminate
the license/franchise and receive any refund due for the prepaid portion
of the current year’s fee. All increases/decreases in licensee/franchise
fees made pursuant to this section shall be reported to the town council
before taking effect.
(g)
It
shall be presumed for purposes of this article and the formulas contained
herein that a linear foot of right-of-way usage equates to a square
foot of area in the right-of-way.
(Ordinance 2017-29 adopted 12/5/17)
