§ 70-192. Fees.

(a)

Exemptions . Network providers are exempted from all fees, other than those specifically provided for in subsection (b) of this section.

(b)

Network provider fees.

(1)

Annual network node rate. Network providers shall pay the city an annual network node rate for each location for which network provider has obtained permit(s) for the installation of network nodes, regardless of whether or not a network provider installs network nodes in the public right-of-way. The amount of the annual network rate shall be set in city's fee schedule. The annual network node public right-of-way rate payment for the first year at any location ("initial annual network node payment") begins accruing when the permit is issued and is due 30 days after network provider obtains a permit to install or collocate a network node at the location. The initial annual network node payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date.

(2)

Subsequent years annual network node rate due date. The annual network node public right-of-way rate for every year after the initial annual network node payment shall be paid in advance on or before December 31 of each calendar year for each network node in the public right-of-way for the next calendar year period.

(3)

Annual network node rate adjustment. the city may adjust the annual network node public right-of-way rate by an amount equal to one-half the annual change in the Consumer Price Index for All Urban Consumers for Texas, as published by the Federal Bureau of Labor Statistics. 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 municipality on or after the 60th day following that notice.

(4)

Annual collocation on service pole attachment fee. Network provider shall pay the city annually $20.00 for each network node permitted to be collocated on a city service pole for each location for which network provider has entered into an agreement with the city to collocate a network node on a city service pole, regardless of whether or not a network provider collocates a network node on a service pole. This fee is due 30 days after network provider obtains a permit to install a network node on the city service pole. The initial annual collocation on service pole attachment fee payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date. The annual collocation on service pole attachment fee for every year after the initial payment shall be paid in advance on or before December 31 of each calendar year for each network node in the public right-of-way for the next calendar year period.

(5)

Monthly transport fee. To the extent a network provider has transport facilities permitted from the network nodes in the public right-of-way it shall pay the city a monthly transport facilities fee on a quarterly basis, in the amount set in the city's fee schedule, as adopted in Appendix A of the Code of Ordinances, which begins accruing when the permit is issued. This transport facility fee is in addition to any annual network node public right-of-way rate payment required by V.T.C.A., Local Government Code § 284.053.

(6)

Application and permit fees. Network provider shall pay the city the application and permit fees set forth in the city's master fee schedule contemporaneously with the submittal of the application for the permits.

( Ord. No. 3457 , § 2, 8-15-2017)