TITLE
Consider an ordinance amending Chapter 25 of the Code of Ordinances regulating the use of the Public Right-of-Way.
SUMMARY
DATE: August 15, 2017
TO: Ronald L. Olson, City Manager
FROM: Kathryn H. Davis, City Attorney
SUBJECT: Chapter 25 Revisions: Right-of-Way Management
BACKGROUND AND FINDINGS:
Senate Bill 1004 relating to the deployment of network nodes in public right-of-way was passed by the Texas Legislature and will be effective September 1, 2017. The bill provides access to the city’s right-of-way for network providers to install network nodes and poles without a franchise agreement but subject to a right-of-way management ordinance, regulates how cities regulate applications and permits, and limits what cities can charge for permit fees, annual access rates, and fees for collocating on city-owned poles.
The City's Charter requires a franchise agreement to use the City's right-of-way for the purpose of furnishing the public any general public service, but telecommunications and network providers will not be subject to this requirement per state law. Chapter 25 of the Code of Ordinances currently includes limited regulation of excavation within the right-of-way, but has not been updated since 1981 and contains outdated references and procedures. To effectively provide for safety within the right-of-way, staff recommends updating this chapter to require compliance with the City's adopted Infrastructure Design and Development Standards Manual, prohibit interference with the right-of-way, provide for removal or relocation of facilities within the right-of-way as necessary for the construction of city improvements, require additional documentation in the permit application including proof of insurance and engineering drawings necessary to confirm compliance with design requirements, add permit fees for network nodes and excavation, add right-of-way rates for network nodes and transport facilities, require execution of a stand...
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