§ 78-144. Compensation.

(a)

Construction permit fee. Except as otherwise provided by V.T.C.A., Local Government Code ch. 283, the user shall pay to the city a construction permit fee that is calculated as of the date of application for permit by applying the appropriate permit fee to each of the facilities included in the application, in accordance with the design manual, not to exceed the values provided in the table below.

(b)

Rights-of-way fee. The permit holder shall pay to the city a rights-of-way fee that is calculated in accordance with V.T.C.A., Local Government Code ch. 283, or the table below, as applicable. The rights-of-way fee for access lines shall be as proscribed by the Texas Public Utilities Commission. Rights-of-way fees for all facilities other than access lines shall be prorated for the first year in which a construction permit fee is paid, and shall be paid at the time of the permit application.

Equipment Type	Construction Permit Fee	Rights-of-way Fee
Transport Facilities	$500.00 for first 5 nodes, $250.00 for each additional node	$28.00 per month per node 1, 4
Network Nodes	$500.00 for first 5 nodes, $250.00 for each additional node	$250.00 per year per node 2, 3
Node Support Poles	$1,000.00 per pole	$250.00 per year per pole

 

Unless equal or greater amount is paid under V.T.C.A., Local Government Code ch. 283 or V.T.C.A., Utility Code ch. 66.

As adjusted by an amount equal to one-half the annual change, if any, in the consumer price index. The city shall provide written notice to each network provider of the new rate; and the rate shall apply to the first payment due to the city on or after the 60th day following the written notice.

Collocated network nodes on city service poles shall also pay an annual collocation fee at a rate not greater than $20.00 per year per service pole.

A network provider may not install its own transport facilities unless the provider: (i) has a permit to use the public right-of-way; and (ii) pays to the city a monthly public right-of-way rate for transport facilities in an amount equal to $28.00 multiplied by the number of the network provider's network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider's payment of fees to the city exceeds its monthly aggregate per-node compensation to the city. A network provider that wants to connect a network node to the network using the public right-of-way may: (i) install its own transport facilities as provided in this section; or (ii) obtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28.00 per node per month. A public right-of-way rate required by this section is in addition to any other public right-of-way rate required by the city.

(c)

Annexation and disannexation. For the purpose of compensating the city under this chapter, a user shall start including or excluding facilities within an annexed or disannexed area within 30 days of written notice by the city to the user of the annexation or disannexation.

(d)

Timing of line fee payment. Permit holder shall remit the rights-of-way fees on an annual basis, unless otherwise proscribed by V.T.C.A., Local Government Code ch. 283. Unless otherwise mandated by state law, the payment of rights-of-way fees shall be due on January 31st of each year following the year in which a construction permit fee and prorated rights-of-way fee was paid, and each subsequent year until: (i) the facilities are removed from the right-of-way and written notice provided to the city, or (ii) the facilities are no longer owned by the permit holder and written notice of the new owner's name, address, and phone number are provided to the city.

( Ord. No. 1093 , §§ I, II, 8-16-2017)