(A)   Fees and rental. As compensation for the network provider's use and occupancy of the city public rights-of-way, the network provider shall pay application fees and annual public right-of-way rental rates as set forth below, which shall be in lieu of any lawful tax, license, charge, public right-of-way permit, use, construction, street cut or inspection fee; or other public right-of-way related charge or fee, whether charged to the network provider or its contractor(s) within the city, except the usual general ad valorem taxes, special assessments and sales tax levied in accordance with state law and equally applicable to all general businesses in the city.
   (B)   Network nodes.
      (1)   Application fee. The application fee shall be $100 for each network node for up to but not more than 30 network nodes.
      (2)   Annual public right-of-way rate fee. The annual public right-of-way rate shall be $250 per network node installed in the public right-of-way.
      (3)   Public right-of-way rate adjustment. As provided in Tex. Local Gov't Code, § 284.054, the city may adjust the amount of the annual public right-of-way rate not more than annually by an amount equal to one-half the annual change, if any, in the Consumer Price Index (CPI). 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 such written notice.
   (C)   Node support poles. The application fee for each network support pole shall be $100.
   (D)   Transfer facilities.
      (1)   The application fee for each transfer facility shall be $100.
      (2)   The annual transfer facility rental rate shall be $28 monthly for each network node site located in a public right-of-way. However, no rate is required if the network provider is already paying the city an amount equal to or greater than the amount of other city public right-of-way fees for access lines under Tex. Local Gov't Code, Chapter 283 or Tex. Local Gov't Code, Chapter 284 or cable franchise fees under Tex. Util. Code, Chapter 66.
   (E)   Micro Network nodes. No application fee is required for a micro network node if the installation is attached on lines between poles or node support poles.
   (F)   Collocation of network nodes on service poles. Subject to execution of the city's service pole agreement, the collocation of network nodes on city service poles shall be allowed be at a rate of $20 per year per service pole,
   (G)   City-owned utility poles; annual rate. A network provider shall pay an annual pole attachment rate for the collocation of a network node supported by or installed on a city-owned utility pole based upon the pole attachment rate consistent with Tex. Util. Code § 54.024, applied on a per-foot basis.
   (H)   In-kind services prohibited. The city may not seek or accept in-kind services unrelated to the installation or collocation for which a permit is sought, including in-kind contributions such as reserving fiber, conduit, or pole space for the city, in lieu of or as additional payment or consideration from any network provider, as a condition for issuing a permit required under Tex. Local Gov't Code, Chapter 284 for use of the public right-of-way.
(Ord. 170822A, passed 8-22-2017)