17-M-35 establising fees for wireless nework nodesWHEREAS, the City of Schertz, Texas ( "City ") recognizes that the State of
Texas has delegated to the City the fiduciary duty, as a trustee, to manage the public
right -of -way for the health, safety, and welfare of the public to Texas municipalities; and
WHEREAS, Chapter 284 of the Texas Local Government Code ( "the Code ")
allows certain wireless network providers to install in the City's public rights -of -way
their wireless facilities, described and defined in Section 284.002 of the Code as "Micro
Network Nodes ", "Network Nodes ", "Node Support Poles ", and "Transport Facilities ";
and
WHEREAS, the City of Schertz (the "City ") has established by ordinances and
resolutions for fees for licenses, permits, and services provided by the City; and
WHEREAS, Chapter 284 of the Code allows the City to charge fees for permit
applications, right of way usage and rental, placing poles within the right of way and
placing transport facilities within the right of way; and
WHEREAS, the City Council desires to regulate the installation of Network
Nodes, Network Support Poles and Transport Facilities pursuant to Chapter 284 of the
Code in a way that is fair, reasonable and nondiscriminatory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS THAT:
SECTION 1.
All persons, firms, or corporations applying for licenses or permits or receiving other
City services described on Exhibit A that require the payment of a fee incident to such
application or service shall pay the fees as prescribed in the Fee Schedule attached hereto
as Exhibit A and made a part of hereof. It shall be a violation of this Ordinance to
conduct any activity or commence any use or receive any service for which payment of a
fee described herein is required until such fee has been paid (if required to be paid in
advance) or to fail to pay such fee when properly billed.
SECTION 2.
This Ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Schertz, Texas as to the fees set forth on Exhibit A effect on the
effective date of this Ordinance, except where the provisions of this Ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event the
conflicting provisions of such ordinances and such Code are hereby repealed.
The City Council may, from time to time, by ordinance add to the fees set forth on
Exhibit A, and the fees now or hereafter set forth on Exhibit A may be modified from
time to time by resolution of the City Council.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5.
Subject to the last sentence of this Section, any person, firm, or corporation who violates,
disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of
any of provisions of this Ordinance shall be fined not more than Five Hundred Dollars
($500.00) for each offense. Each day that a violation is permitted to exist shall constitute
a separate offense. If any other ordinance, including the Code of Ordinances, establishes
a different penalty for the failure to pay any fee on Exhibit A, the provisions of such other
ordinance or the Code of Ordinances shall control with respect to such penalty.
SECTION 6.
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the Code of Ordinances in effect on the effective date of this Ordinance and
modified by this Ordinance or any other ordinances in effect on the effective date of this
Ordinance and modified by this Ordinance and requiring the payment of fees for licenses,
permits, and other services provided by the City which have accrued on the effective date
of this Ordinance; and any and all accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, shall not be
affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
It is hereby officially found and determined that, pursuant to the authority given the City
Council under Section 4.09(e) of the Charter of the City of Schertz, an emergency exists
requiring this ordinance to be voted upon and rejected or passed at the meeting at which it
was first introduced.
SECTION 8.
This Ordinance shall be in full force and effect as of September 1, 2017.
yor, City of Schertz
ATTEST:
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City ecretary, ity of Schertz, Texas