§ 28-245. Fees.

(a)

All fees for permit applications and all rents for use of the public rights-of-way by network providers shall conform to the provisions set forth in chapter 284.

(b)

Application fees: Because the city requires the payment of the fee for similar types of commercial development inside the city's territorial jurisdiction, other than a type for which application or permit fees are not allowed by law, the city is eligible to charge an applications fee for deployments, including transport facilities, under this chapter.

Unless there is a change in law, the fees shall be assessed on the number of poles and or network nodes contained in an application for installation or for a transport facility at the following rates:

(1)

Five hundred dollars ($500.00) per application.

a.

This amount will cover applications covering up to five (5) network nodes.

(2)

For applications with more than five (5) network nodes, there shall be an additional two hundred and fifty dollars ($250.00) fee for each additional network node per application; and

(3)

One thousand dollars ($1,000.00) per application for each pole.

(c)

Adoption of the above fees shall not been seen as a finding by the city that the fees are greater than or equal to the actual, direct, and reasonable costs the city determines are incurred in granting or processing an application that are reasonably related in time to the time the costs of granting or processing an application are incurred.

(d)

Rent from network providers:

(1)

Nodes: The annual network node site rental rate as set in chapter 284 sec. 284.053 shall be two hundred fifty dollars ($250.00) per network node site, with annual CPI adjustment as provided for in chapter 284, sec. 284.054.

(2)

Poles: Chapter 284, sec. 284.053 does not provide a separate rate for poles.

(3)

Transport facility: The annual transport facility rental rate as set in chapter 284 sec. 284.055. shall be twenty-eight ($28.00) monthly for each network node site, unless an equal or greater amount is paid the city, e.g., under chapter 283, Tex. Loc. Gov. Code or Chapter 66, Tex. Util. Code.

(Ord. No. 2017-O-105 , § 3, 9-5-17)