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Home My WebLink About2020 03_Small Cell establishing fees_2020.01.21CITY OF OWASSO, OKLAHOMA RESOLUTION 2020 -03 A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING A SMALL CELL FACILITIES FEE AND AMENDING THE COMPREHENSIVE MASTER RATE AND FEE SCHEDULE WHEREAS, The City Council desires to establish fees for the application, permit, and access to public right -of -way and public easement for the installation, modification, or replacement of a Small Wireless Facility in accordance with the Oklahoma Small Wireless Facilities Deployment Act; and, WHEREAS, On January 7, 2020, the City Council approved the Comprehensive Master Rate and Fee Schedule and desires to amend said Schedule to add the Small Wireless Facility fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): From and after the effective date of this Resolution, the following fees are established for Small Wireless Facilities: Small Wireless Facility Application and Permit Fee for the installation, modification or Per Pole $350.00 replacement of a utility pole Per Pole (first five poles) listed on $200 00 Small Wireless Facility Application and Permit one application Per Pole (each additional pole) Fee for collocation on an existing or replacement municipal or authority pole listed on the same application $100.00 as cited above SECTION TWO (2): From and after the effective date of this Resolution, the Comprehensive Master Rate and Fee Schedule is hereby amended to include the Small Wireless Facility fees. SECTION THREE (3): Provisions of this Resolution shall become effective January 21, 2020. PASSED AND APPROVED thi l�f day J uary 2020. n l /14 tiY�l: n o „ Chris 6114y, Mayor APPROVED AS TO PO'°' Juli ombardi, City Attorney J� flERL p00p10 • REAL L�nm[b, • flEPL Leinmunpy TO: The Honorable Mayor and City Council FROM: Roger Stevens Public Works Director APPROVED BY COUNCIL JAN 2 9 zuzu SUBJECT: Ordinance 1158 and Resolution 2020 -03, Small Cell Wireless Facilities Deployment Proposed Ordinance and Fee DATE: January 17, 2020 BACKGROUND: In February 2018, the Oklahoma Small Wireless Facilities Deployment Act (SB1388) was introduced, signed into law in April 2018, and effective November 1, 2018. The Act outlines procedures and rules for deploying and collocating small cell equipment in public rights -of -way. The bill also establishes a permitting process for small cell deployments. Small cell facilities cover a smaller, targeted, localized area to provide 5G connectivity to wireless network subscribers in areas that typically present capacity and coverage challenges with traditional wide -area wireless networks. Small cell facilities are smaller in size and more conducive for placement on an existing support structure or installation on a single private utility pole erected for the sole or primary purpose of supporting the small cell facility. PROPOSED ORDINANCE: Per the Oklahoma Small Wireless Facilities Deployment Act, the wireless providers are allowed to install their small cell facilities in residential and commercial areas as long as they utilize a public right -of -way or easement. In addition, the pole material selected for each site is vague and does not clarify who has the authority to select such material. As a result, City staff is proposing an ordinance which would allow staff to regulate the permitting, placement, and aesthetics of the new cellular equipment. Following is a summary of the proposed rules and regulations within the ordinance: • Small cell supporting structures shall be located a minimum of five- hundred (500) feet from any other small cell supporting structure; • Small cell facilities and supporting structures shall be set back from any road surface or curb no less than three (3) feet; • Small cells and supporting structures shall be designed to blend into the surrounding environment through the use of material, color, camouflaging and architectural treatment; • Small cell facilities shall not exceed fifty (50) feet in height; • The use of any portion of a small cell facility or supporting structure for advertising or signs other than warning or equipment information signs is prohibited; • Application Requirements (see proposed ordinance) PROPOSED RESOLUTION: As stated in the Oklahoma Small Wireless Facilities Deployment Act, municipalities have the ability to charge a fee for access to the right -of -way and public easement for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility. The proposed fee per pole is $350.00. In addition, the Act allows a municipality to charge a fee for collocation of a small wireless facility on an existing structure or a replacement pole owned by the municipality. The proposed fee to collocate a small wireless facility onto an existing structure or replacement pole is $200.00 each for the first five facilities listed on the application, and $100 for each additional facility listed on the same application, which is in accordance with state law. 7101* u,1_,1D_ •. Staff recommends adoption of Ordinance 1158, amending Part 17, Utilities, by enacting a new Chapter 6, Small Cell Facilities, Sections 17 -601 through 17 -607 into the Code of Ordinances. Staff further recommends approval of Resolution 2020 -03, establishing fees related to the Small Wireless Facilities and amending the Comprehensive Master Rate and Fee Schedule. ATTACHMENTS: Ordinance 1158 Resolution 2020 -03 Small Cell Tower Image E I WLro kly p CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skialook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date February 12, 2020 Date Category Description Ad Size Total Cost —1 02/12/2020 Legal Notices RESOLUTION 2020 -03 2 x 58.00 CL 74.24 626639 Published In the Owasso Reporter, Owasso, Tulsa Coun. tY, Oklahoma, February 12, 2020. CITY OF OWASSO, OKLAHOMA RESOLUTION 2020-03 A RESOLUTION OF THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING A SMALL CELL FACILITIES FEE AND AMENDING THE COM- PREHENSIVE MASTER RATE AND FEE SCHEDULE WHEREAS, The City CWncll desires to establish fees for the application, permit, and access to public right-of. way and Public easement for the Installation, modifica, tion, or replacement of a Small Wireless Facility In ac. cordance with the Oklahoma Small Wireless Facilities Deployment Act; and, WHEREAS, On January 7, 2020, the City Council ap- proved the Comprehensive Mosier Rate and Fee Sched- ule and desires to amend said SChedUie to add the Small Wireless Facility fees. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): From and after iM effective dote of this Resolution, the following fees are established for Small Wireless Facili- ties: Small Wireless Facility Application and Permit Fee for the installation, modification or replacement of a utllf. ty Pole - Per Pole - $350.00 Small Wireless Facility Application and Permit Fee for ml. location on an existing or replacement municipal or au. thority Pole - Per Pole (first five poles) listed on one OPPIICation - S20D.00 / Per Pole (each additional pole) listed on the Some application as cited above - $100.00 SECTION TWO (2): From and after the effective date of this Resolution, the Comprehensive Master Rate and Fee Schedule Is hereby amended to Include the Small Wireless Facility fees. SECTION THREE (3): Provisions of this Resolution shall become effective Jan. uary 21, 2020. PASSED by the City Council of the City of Owasso, Okla. homa on the 21st day of January, 20202. /s/ Chris Kelley, Mayor ATTEST: At Juliann M. Stevens, City Clerk APPROVED as to form Ond legality this 21St day of Jan. UON, 20202: Is/Julie Lombardi, City Attorney Affidavit of Publication Melissa Marshall of lawful age, being duly swom, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 02/12/2020 Newspaper reference: 0000626639 Le al Representative Sworn to and subscribed before me this date: FEB 12 2020 If Notary P biic My Commission expires: DEC 0 S 2022 ________ _______ _ NANCY CAROL MOORE 7 SEAL Notary Public Commission EOgp 664 Oklahoma '- ; -- -- .- Expires 12/08/22'