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CP 2017-08-22City Council City of Coppell, Texas Meeting Agenda 255 Parkway Boulevard Coppell, Texas 75019-9478 Council Chambers6:00 PMTuesday, August 22, 2017 KAREN HUNT NANCY YINGLING Mayor Mayor Pro Tem CLIFF LONG GARY RODEN Place 1 Place 4 BRIANNA HINOJOSA-FLORES MARVIN FRANKLIN Place 2 Place 6 WES MAYS MARK HILL Place 3 Place 7 MIKE LAND City Manager Notice is hereby given that the City Council of the City of Coppell, Texas will meet in Regular Called Session at 6:00 p.m. for Executive Session, Work Session will follow immediately thereafter, and Regular Session will begin at 7:30 p.m., to be held at Town Center, 255 Parkway Boulevard, Coppell, Texas. As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. The City of Coppell reserves the right to reconvene, recess or realign the Work Session or called Executive Session or order of business at any time prior to adjournment. The purpose of the meeting is to consider the following items: 1.Call to Order 2.Executive Session (Closed to the Public) 1st Floor Conference Room Section 551.072, Texas Government Code - Deliberation regarding Real Property. Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. 3.Work Session (Open to the Public) 1st Floor Conference Room Page 1 City of Coppell, Texas Printed on 8/18/2017 August 22, 2017City Council Meeting Agenda A.Discussion regarding state law concerning bicycle lanes and signage. B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding Agenda Items. Bicycle Signage Memo.pdf Bicycle Signage Exhibit.pdf Transportation Code.pdf Network Nodes Memo (1).pdf Attachments: Regular Session (Open to the Public) 4.Invocation 7:30 p.m. 5.Pledge of Allegiance 6.Consider approval of a Proclamation naming September 2, 2017, as “Autoimmune Disease Awareness Day,” in the City of Coppell; and authorizing the Mayor to sign. Autoimmune Disease Awareness Day Proclamation.pdfAttachments: 7.Consider approval of a Proclamation naming the month of September 2017, as “Blood Cancer Awareness Month” in the City of Coppell; and authorizing the Mayor to sign. Blood Cancer Awareness Month Proclamation.pdfAttachments: 8.Citizens’ Appearance 9.Consent Agenda A.Consider approval of the Minutes: August 8, 2017. Minutes 2017-08-08.pdfAttachments: B.Consider approval to purchase desktop computers and laptops from Dell Marketing using State of Texas Department of Information Resources inter local contract #DIR-SDD-1951 in the amount of $93,496.00 as budgeted and authorizing the City Manager to execute all necessary documents. PC Council Memo.pdf PC Quote.pdf Attachments: C.Consider approval to amend and extend an existing agreement with CenturyLink Communications for Internet Services, in the amount of $69,000 annually for an additional 3 years, as budgeted; and authorizing Page 2 City of Coppell, Texas Printed on 8/18/2017 August 22, 2017City Council Meeting Agenda the City Manager to sign. Century Link Council Memo.pdf Century Link existing agreement.pdf Century Link Amendment.pdf Attachments: D.Consider approval of National Intergovernmental Purchasing Alliance Proposal #NIPA R150501-TX-15162 to TDIndustries for replacement of the existing HVAC equipment at the Animal Services Center; in the total amount of $71,400.00; as identified in the Five-Year Plan; and authorizing the City Manager to sign any necessary documents. Animal Shelter HVAC Memo.pdf About National IPA.pdf Lead Agency Contracting Process.pdf Animal Shelter HVAC Replacement.pdf Attachments: E.Consider approval of an Interlocal Cooperation Agreement between the North Central Texas Council of Governments and the City of Coppell for Implementation of the Regional Traffic Signal Retiming Program; and authorizing the Mayor to sign. Signal Timing Interlocal Memo.pdf Signal Timing Interlocal Exhibit.pdf Signal Timing Interlocal Agreement.pdf Attachments: F.Consider approval for an amendment to the contract with Tyler Technologies for the replacement of the City’s current Time and Attendance software with Executime (ATICC Project, a sub project of the PIER Project) for the total amount of $48,650 and authorizing the City Manager to sign any necessary documents. Tyler Technologies for ExecuTime - Memorandum.pdf Tyler Technologies for ExecuTime - Amendment.pdf Attachments: G.Consider approval of an agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for Senior Citizens and Citizens with Disabilities; in an amount not to exceed $16,000; subject to the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. FY17-18 SPAN Agreement Memo.pdf 2017-18 SPAN Agreement.pdf Attachments: End of Consent Agenda 10.PUBLIC HEARING: To receive public comment and consider approval of the proposed 2017-18 budget for the Coppell Crime Control and Prevention District. Memo PH CC Crime Control 2017-18.pdfAttachments: Page 3 City of Coppell, Texas Printed on 8/18/2017 August 22, 2017City Council Meeting Agenda Public Hearing 2nd Notice Crime Control 17-18 (Paper).pdf Crime Prevention 2018.pdf Crime Prevention Fund 2018.pdf 11.PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 tax rate of $0.579500. Memo Tax Rate Public Hearing.pdf City of Coppell 2017 Notice of Proposed Tax Rate.pdf Public Hearing Tax Rate 17-18 (Paper).pdf Attachments: 12.PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 Municipal Budget. Memo PH Budget 2017-18.pdf Public Hearing Budget 17-18 (Paper).pdf Attachments: 13.Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2016-1446, the budget for the Fiscal year October 1, 2016 through September 30, 2017, and authorizing the Mayor to sign. Memo Budget Amendment August 22, 2017.pdf Budget Amendment August 22, 2017.pdf Attachments: 14.Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 6, “Business Regulations”, Article 6-14, “Certain Uses of the Public Right-of-Way”, to Provide Regulations Consistent with the State Law Related to the Installation of Network Nodes in Public Right-of-Way by Network Providers; and authorizing the Mayor to sign. Small Cell Ord Adopt Memo.pdf Small Cell ORD.pdf Small Cell ORD Full Text.pdf Small Cell ORD Summary.pdf Attachments: 15.Consider approval of an ordinance adopting the City of Coppell Design Manual for the Installation of Nodes and Node Support Poles in the City Rights-of-Way, Pursuant to Texas Local Government Code Chapter 284, and designating districts for the installation of network nodes and node support poles; and authorizing the Mayor to sign. Small Cell Design Manual Adopt Memo.pdf Small Cell Design Manual ORD.pdf Small Cell Design Manual.pdf Small Cell Designations Exhibit.pdf Attachments: 16.Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Cell Antenna Page 4 City of Coppell, Texas Printed on 8/18/2017 August 22, 2017City Council Meeting Agenda Installation/use Fees, Electrical License Fees, and Plumbing License Fees, and authorizing the Mayor to sign. Memo Fee Resolution August 2017.pdf Master Fee Resolution 08-22-17.pdf Attachments: 17.City Manager Reports - Project Updates and Future Agendas 18.Council Committee Reports concerning items of community involvement with no Council action or deliberation permitted. A.Dallas Regional Mobility Coalition - Councilmember Roden B.Metrocrest Communty Clinic - Councilmember Hill C.Metrocrest Services - Councilmembers Mays and Franklin 19.Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Adjournment ________________________ Karen Selbo Hunt, Mayor CERTIFICATE I certify that the above Notice of Meeting was posted on the bulletin board at the City Hall of the City of Coppell, Texas on this 18th day of August, 2017, at _____________. ______________________________ Christel Pettinos, City Secretary PUBLIC NOTICE - STATEMENT FOR ADA COMPLIANCE AND OPEN CARRY LEGISLATION The City of Coppell acknowledges its responsibility to comply with the Americans With Disabilities Act of 1990. Thus, in order to assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, and amanuenses) for participation in or access to the City of Coppell sponsored public programs, services and/or meetings, the City requests that individuals makes requests for these services forty-eight (48) hours ahead of the scheduled program, service, and/or meeting. To make arrangements, contact Vivyon V. Bowman, ADA Coordinator or other designated official at (972) 462-0022, or (TDD 1-800-RELAY, TX 1-800-735-2989). Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun. Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly. Page 5 City of Coppell, Texas Printed on 8/18/2017 August 22, 2017City Council Meeting Agenda Page 6 City of Coppell, Texas Printed on 8/18/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3528 File ID: Type: Status: 2017-3528 Agenda Item Executive Session 1Version: Reference: In Control: City Secretary 08/16/2017File Created: Final Action: Executive SessionFile Name: Title: Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. Notes: Agenda Date: 08/22/2017 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3528 Title Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road. Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3528) Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3527 File ID: Type: Status: 2017-3527 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 08/15/2017File Created: Final Action: Work SessionFile Name: Title: A.Discussion regarding state law concerning bicycle lanes and signage. B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding Agenda Items. Notes: Agenda Date: 08/22/2017 Agenda Number: Sponsors: Enactment Date: Bicycle Signage Memo.pdf, Bicycle Signage Exhibit.pdf, Transportation Code.pdf, Network Nodes Memo (1).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3527 Title A.Discussion regarding state law concerning bicycle lanes and signage. B.Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284. C.Discussion regarding Agenda Items. Summary Fiscal Impact: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3527) Staff Recommendation: Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Discussion Concerning Bicycle Signage 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  State Law regulates when a bicyclist can use a full lane  The City posted signage in 2016 that bicyclists may use full lane  Some of the signage has been called into question based on state law Introduction: The discussion this evening concerns the signage placed on several streets throughout the City which states bicycles “May Use Full Lane” (see Bicycle Travel Signage Exhibit). After placement of the signs in 2016, a placard was added that said “State Law”. Earlier this year I was contacted by a resident questioning whether the state law reference was accurate. The State of Texas Transportation Code in Chapter 551 provides rules on when a bicycle can use the full lane. Specifically, the wording in the Transportation Code is: Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: 2 (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side. (b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway. (c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles. (d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001. Analysis: The wording in the code sometimes causes confusion because people stop reading after paragraph (a) which basically states that bicycles should be as close as practicable to the curb if they are moving slower than the other traffic on the roadway. However, the state provides for four exceptions to that rule. Exceptions (1) and (2) are basic in that they just address how a bicycle can pass another vehicle or turn left. The focus of this presentation will be on the content of (3) and (4)(A). Most of the streets are signed legally based on parked vehicles or the lane being less than 14 feet in width. See table. Parking Allowed on Street Outside Lane less than 14 feet in Width Parkway: Moore to MacArthur Bethel School: Moore to MacArthur Heartz: Sandy Lake to Bethel School Royal: All Freeport: All Denton Tap: All Samuel: All MacArthur: All Belt Line: All Parkway: Coppell to Moore Sandy Lake: All Bethel: All Bethel School: Denton Tap to Moore Mockingbird: Sandy Lake to Villawood However, there are still seven signed streets that are not covered by exceptions (1) – (4)(A). Those seven streets are discussed in the following three paragraphs. Creekview: All / Southwestern: Freeport to Denton Tap / Coppell: All These three streets are on the west side of Coppell and the outside lane ranges in width from 17 feet to 20 feet. However, the west side of Coppell is mostly industrial use which means a high number of 3 semis on the street. In reviewing Section 551.103. (a)(4)(A) of the Transportation Code, it is reasonable to assume that the logic behind the 14-foot lane width is as follows: typical passenger vehicle is 8 feet wide, with mirrors; the generally accepted buffer between a bicycle and a vehicle is 3 feet; and the amount of space that a bicyclist needs to ride in is 3 feet. This equates to 14 feet. However, semis are wider than passenger vehicles. The width of the box on a semi is 8.5 feet and the side mirrors extend beyond that so there is improved visibility for the truck driver. The semis also create a greater wind pull when passing a bicyclist than a passenger vehicle. It’s my opinion that enforcing a 14-foot-wide lane on the west side of the City does not meet the intent of Section 551.103. (a)(4)(B) which states that the lane should be wide enough for a vehicle to safely travel side by side with a bicycle. My recommendation on the west side is as follows: 11 feet for the width of the semi, with mirrors; 5 feet for the buffer; and 4 feet for the bicycle to travel in. The recommendation for the wider buffer and bicycle area is also partially based on the speed of the semis. This means that a recommended outside lane on the west side of town should be 20 feet. My recommendation is that, by ordinance, any street on the west side of Denton Tap/Belt Line with an outside lane width of 20 feet or less should have signage that states that the bicyclist may use full lane. Heartz: Parkway to Sandy Lake / Moore: All / Mockingbird: Villawood to Belt Line These three streets are wider streets because they are collectors on our Thoroughfare Plan. However, each of these streets also have an Elementary School located adjacent to them. It’s logical to think that with a school next to the street that younger, inexperience bicyclists will be using the road to gain access to the school. Section 551.103. (a)(4)(B) of the Transportation Code states that an exception is allowed when the roadway is too narrow for the vehicle and the bicyclist to ride side by side. With younger bicyclists, it’s wise to allow more maneuver space to ride in and a wider buffer for vehicles. Also, because the streets are wider, vehicles tend to drive faster. The goal is to provide the safest route that we can for the bicyclists. Therefore, you need to allow the younger bicyclists the opportunity to use the full lane for their safety. My recommendation is that these three streets be included in an ordinance that specifically references Section 551.103. (a)(4)(B) as the basis for stating that bicyclists may use full lane. Riverchase: All This street is the only currently signed street that should have the signage modified or removed. Riverchase currently has a striped lane on each side for bicyclists. Because of this, the signage should be modified to state “Share the Road” or removed completely. Legal Review: Legal will review when the Ordinance is drafted. Fiscal Impact: n/a Recommendation: The Engineering Department recommends that we work with our Attorney to draft an Ordinance that will allow the current signage on all streets to remain, except for Riverchase. ääääääääääääääääääääääääääääääääääääääääääääääääääää ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä ä 1041 209 4755 1356 11183 11572 2036 2166 1570 4360 4361 4756 5164 1398 4350 315 4357 4364 4758 11186 351 852 4358 4359 4363 4365 4366 4759 4760 4761 846 11189 11574 1083 4356 4757 4762 2192 50 1016 1095 329 4362 4754 373 11184 11573 1254 2220 2198 1514 2759 2796 2792 1505 1010 1373 11182 2762 ää äääBICYCLE TRAVEL SIGNAGE CITY OF COPPELL = = CREATED ON AUGUST 16, 2017 BY KEVIN R IN ARCGIS PRO V 2.0.0 (TESTING) 0 1,200 2,400 3,600600 Feet 1" = 1,200 ft TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES SUBCHAPTER A. APPLICATION OF CHAPTER Sec. 551.001. PERSONS AFFECTED. Except as provided by Subchapter C, this chapter applies only to a person operating a bicycle on: (1) a highway; or (2) a path set aside for the exclusive operation of bicycles. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1318, Sec. 4, eff. Sept. 1, 2003. Sec. 551.002. MOPED AND ELECTRIC BICYCLE INCLUDED. A provision of this subtitle applicable to a bicycle also applies to: (1) a moped, other than a provision that by its nature cannot apply to a moped; and (2) an electric bicycle, other than a provision that by its nature cannot apply to an electric bicycle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 9, eff. Sept. 1, 2001. SUBCHAPTER B. REGULATION OF OPERATION Sec. 551.101. RIGHTS AND DUTIES. (a) A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless: (1) a provision of this chapter alters a right or duty; or (2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle. (b) A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.102. GENERAL OPERATION. (a) A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle. (b) A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry. (c) A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle. (d) A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.103. OPERATION ON ROADWAY. (a) Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless: (1) the person is passing another vehicle moving in the same direction; (2) the person is preparing to turn left at an intersection or onto a private road or driveway; (3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or (4) the person is operating a bicycle in an outside lane that is: (A) less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane; or (B) too narrow for a bicycle and a motor vehicle to safely travel side by side. (b) A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway. (c) Persons operating bicycles on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles. (d) Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001. Sec. 551.104. SAFETY EQUIPMENT. (a) A person may not operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement. (b) A person may not operate a bicycle at nighttime unless the bicycle is equipped with: (1) a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle; and (2) on the rear of the bicycle: (A) a red reflector that is: (i) of a type approved by the department; and (ii) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle; or (B) a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 11, eff. Sept. 1, 2001. Sec. 551.105. COMPETITIVE RACING. (a) In this section, "bicycle" means a nonmotorized vehicle propelled by human power. (b) A sponsoring organization may hold a competitive bicycle race on a public road only with the approval of the appropriate local law enforcement agencies. (c) The local law enforcement agencies and the sponsoring organization may agree on safety regulations governing the movement of bicycles during a competitive race or during training for a competitive race, including the permission for bicycle operators to ride abreast. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 551.106. REGULATION OF ELECTRIC BICYCLES. (a) The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles. The department or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians. (b) The department shall establish rules for the administration of this section. Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1, 2001. 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Discussion of issues related to Network Nodes and Node Support Poles pursuant to Chapter 284 of the Texas Local Government Code 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Senate Bill (SB) 1004 adopts a new Chapter 284 of the Local Government Code.  SB 1004 has an effective date of September 1, 2017.  The provisions of Chapter 284 relate to installation of network nodes and node support poles in the public right-of-way.  Local governments may designate historic districts and design districts with criteria for design or concealment.  Chapter 284 provides for restrictions on installation of new poles in residential areas and parks, and discourages nodes in those areas  Amendments to the city Right-of-Way Management provisions will ensure compliance with Chapter 284.  The Design Manual establishes aesthetic standards associated with network nodes and node support poles.  The Design District map identifies areas in the city that are subject to design, camouflage and concealment standards.  Staff presented a work session briefing related to this item during the August 8th City Council Meeting. Introduction: Staff briefed the City Council on the elements of Chapter 284 of the Local Government Code during the August 8th City Council meeting. This item presents a discussion of the proposals to address applications for installation of network nodes and node support poles. 2 Analysis: Senate Bill (SB) 1004 adopts a new Chapter 284 of the Texas Local Government Code. The provisions relate to installation of network nodes and poles in the public right-of-way. Three agenda items are included on the agenda to: amend the Right-of-Way Management Ordinance provisions of the city’s code; adopt a Design Manual; and adopt fees related to small cell applications. Key elements of Chapter 284 relate to: size limits for network nodes; restrictions on exclusive right-of-way use agreements; rates for permitting and use (nodes and poles); collocation on service poles; right-of-way access rights; construction and maintenance; location and height new poles; restrictions on installation of new poles in parks or along residential streets; design or concealment of new network nodes or new poles in a historic district or design district that contains decorative poles; cabinet size; compliance with undergrounding requirements; compliance with design manual; applications, permits and related processes; access to city-owned and other existing poles; and interference. The schedule of adoption was necessary to ensure that these design provisions are in place prior to the September 1st effective date of Chapter 284 of the Local Government Code. Legal Review: Staff worked with the City Attorney to draft the Design Manual and code amendments. Fiscal Impact: There is no fiscal impact for this item. Recommendation: Three related items are included on this agenda for consideration: amendments to Chapter 6 of the Code of Ordinances; adoption of a Design Manual for Installation of Network Nodes and Node Support Poles; and adoption of fees related to administration of applications for small cell installations. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3524 File ID: Type: Status: 2017-3524 Agenda Item Proclamations 1Version: Reference: In Control: City Secretary 08/14/2017File Created: Final Action: Autoimmune proclamationFile Name: Title: Consider approval of a Proclamation naming September 2, 2017, as “Autoimmune Disease Awareness Day,” in the City of Coppell; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 6. Sponsors: Enactment Date: Autoimmune Disease Awareness Day Proclamation.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3524 Title Consider approval of a Proclamation naming September 2, 2017, as “Autoimmune Disease Awareness Day,” in the City of Coppell; and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3524) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 PROCLAMATION WHEREAS, autoimmune disease is one of the top 10 leading causes of death in female children and women in all age groups up to 65 years old and is the most popular health topic for callers to the National Women’s Health Information Center; and WHEREAS, the AARDA (American Autoimmune Related Diseases Association, Inc.) estimates up to 50 million Americans suffer from autoimmune disease; more than cancer and more than heart disease; and WHEREAS, the disease can cause inflammation in vital organs and tissues, and once damaged, the inflammation can be chronic; and WHEREAS, while genetics plays a role, autoimmune diseases are often unpredictable and misunderstood, difficult to diagnose, can affect any part of the body, and are hard to live with and a challenge to treat; and WHEREAS, some of the most common of the 80–100 recognized autoimmune diseases are celiac disease, juvenile diabetes, juvenile arthritis, lupus, multiple sclerosis, psoriasis, rheumatoid arthritis, alopecia, and encephalitis. NOW, THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell, do hereby proclaim September 2, 2017, as “Autoimmune Disease Awareness Day” in the City of Coppell, and encourage citizens to observe this day by educating themselves on the symptoms and impact of autoimmune diseases, and to support programs of research, education and community service, including the third annual fundraiser event entitled “Compete Every Day Fighting Autoimmunity 5k,” hosted by the City of Coppell. IN WITNESS THEREOF, I have set my hand and caused the seal of the City of Coppell to be affixed this 22nd day of August 2017. ____________________________________ Karen Selbo Hunt, Mayor ATTEST: ________________________________ Christel Pettinos, City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3525 File ID: Type: Status: 2017-3525 Agenda Item Proclamations 1Version: Reference: In Control: City Secretary 08/14/2017File Created: Final Action: September Blood Cancer Awareness MonthFile Name: Title: Consider approval of a Proclamation naming the month of September 2017, as “Blood Cancer Awareness Month” in the City of Coppell; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 7. Sponsors: Enactment Date: Blood Cancer Awareness Month Proclamation.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3525 Title Consider approval of a Proclamation naming the month of September 2017, as “Blood Cancer Awareness Month” in the City of Coppell; and authorizing the Mayor to sign. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3525) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 THE •CITY •OI' PROCLAMATION WHEREAS, in the United States, an estimated 1,237,824 people are living with , or are in remission from , leukemia, lymphoma, myeloma or other form of blood cancer, with an estimated 171 ,550 new cases expected to be diagnosed in 2017 , and WHEREAS, leukemia, lymphoma and myeloma will kill an estimated 58 ,320 people in the United States this year alone, and WHEREAS, The Leukemia & Lymphoma Society (LLS), exists to find cures and ensure access to treatments for blood cancer patients, and WHEREAS, LLS maintains an office in North Texas to help improve the quality of life for blood cancer patients and their families in the State of Texas, and WHEREAS, the State of Texas is similarly committed to the eradication of these diseases and supports the treatment of blood cancer patients and their families, and WHEREAS, the City of Coppell encourages private efforts to enhance research funding and education programs that are saving lives not someday, but today. NOW THEREFORE, I, Karen Selbo Hunt, Mayor of the City of Coppell , joins with LLS in designating the month of September 2017 as "Blood Cancer Awareness Month" to educate its citizens about the need for finding cures and creating access to treatments for all types of blood cancers ; to get involved with LLS , from participation in fundraising campaigns, to making donations or volunteering; and to fund lifesaving research to advance breakthrough therapies for blood cancer patients. IN WITNESS THEREOF, I have set my hand and caused the seal ofthe City of Coppell to be affixed this day of 2017. Karen Selbo Hunt, Mayor ATTEST : Christel Pettinos , City Secretary Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3517 File ID: Type: Status: 2017-3517 Agenda Item Consent Agenda 1Version: Reference: In Control: City Council 08/14/2017File Created: Final Action: City Council Minutes - August 8, 2017File Name: Title: Consider approval of the Minutes: August 8, 2017. Notes: Agenda Date: 08/22/2017 Agenda Number: A. Sponsors: Enactment Date: Minutes 2017-08-08.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3517 Title Consider approval of the Minutes: August 8, 2017. Summary Fiscal Impact: Staff Recommendation: Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3517) Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 COPPE LL .. City of Coppell, Texas Minutes City Council 255 Pa rkway Bo uleva rd Coppell , Texas 750 19-94 78 Tuesday,August8,2017 5 :30PM Council Chambers KAREN HUNT Mayor CLIFF LONG Place 1 NANCY YINGLING Mayor Pro Tern GARY RODEN Place 4 BRIANNA HINOJOSA-FLORES Place 2 MARVIN FRANKLIN Place 6 WESMAYS Place 3 MIKE LAND City Manager MARK HILL Place 7 Present 6 -Karen Hunt; Cliff Long ;Wes Mays ;Gary Roden ;Mark Hi ll and Nancy Yingling Absent 2 -Br ianna Hinojo sa-Flore s and Ma rv in Fran kl in Also present were City Manager Mike Land, Deputy City Secretary Jean Dwinnell and City Attorney Robert Hager. The City Council of the City of Coppell met in Regular Called Session on Tuesday, August 08 , 2017 at 5:30p.m. in the City Council Chambers of Town Center, 255 Parkway Boulevard, Coppell, Texas. 1. Call to Order 2. Executive Session Mayor Hunt called the meeting to order, determined that a quorum was present and convened into the Executive Session at 5 :47 p .m. (Closed to the Public) 1st Floor Conference Room A. Section 551.087, Texas Government Code -Economic Development Negotiations. City of Coppell, Te xas Discussion regarding econom ic development prospects south of E. Belt Line Road and east of S. Belt Line Road. Discussed in Executive Session. Page1 City Council Minutes August 8, 2017 B. Section 551.072, Texas Government Code -Deliberation regarding Real Property. Discussion regarding property located south of E. Belt Line Road and east of S. Belt Line Road . Discussed in Executive Session. C. Section 551.071, Texas Government Code-Consultation with Attorney 3. Work Session 4. Regular Session Seek legal advice from the City Attorney regarding Senate Bill 1004 , enacted at the regular 85th Legislative Session ." Discussed in Executive Session. (Open to the Public) 1st Floor Conference Room Mayor Hunt adjourned the Executive Session at 6:22 p.m. and convened into the Work Session. A. Presentation by DFW Airport Environmental Affairs staff. B. Discussion regarding installation of network nodes and node support poles in public right-of-way pursuant to Texas Local Government Code Chapter 284 . C . Discussion regarding the formal "Standards of Cover" analysis for the Coppell Fire Department. D. Discussion of Agenda Items . Presented in Work Session. Mayor Hunt recessed the Work Session at 7:31 p.m. and reconvened into the Regular Session. 5. Invocation 7:30p.m. Pastor Adam West with Grace Point Church gave the Invocation. 6. Pledge of Allegiance 7. Presentations City of Coppell, Texas Mayor Hunt and the City Council led those present in the Pledge of Allegiance. Presentation by DFW Airport Environmental Affairs staff. Mr. Chad Makovsky, Executive Vice President of Operations, thanked the Council for the opportunity to be in the meeting and present information to the Council and Citizens. He gave a brief history on his background in the airline industry. Mr. Makovsky introduced Ms. Sandy Lancaster, Environmental Page2 City Council Minutes August 8, 2017 Program Manager. Ms. Lancaster made a presentation regarding DFW Airport's noise program, noise policy contours, noise monitors located within the City of Coppell, flight track monitoring, changes in air traffic operations, runway rehabilitation, and end around taxiways. Ms. Lancaster stated that there have been 40 complaints for 2017 year-to-date. 8. Citizens' Appearance 9. Consent Agenda A. B. City of Coppell, Texas Mr. Joe Shirley, 582 Villa Wood Lane, spoke in opposition to Consent Agenda Item C, the design contract with Huitt-Zollars, Inc., in the amount of $76,445.00 . He expressed concern for spending tax dollars on arches that will not benefit the citizens. Ms. Susan Cohrs, 910 Brown Trail, spoke in opposition to Consent Agenda Item C, the design contract with Huitt-Zollars, Inc., in the amount of $76,445.00. She cited populations of surrounding cities and expressed concern for Coppell's expenditures being more than those of our neighbors. Mr. Scott Spray, 622 Cribbs, spoke in opposition to Consent Agenda Item C, the design contract with Huitt-Zollars, Inc., in the amount of $76,445.00. He expressed concern for the City spending tax dollars on things that have no benefit to the citizens. He stated the expenditures could be better spent on sidewalks and bike trails. Mr. Davin Bernstein, 228 Hollywood Drive, spoke in opposition to Consent Agenda Item C, the design contract with Huitt-Zollars, Inc., in the amount of $76,445.00. He advised that he had posted his opposition on the City's face book page and that there were a lot more angry faces in response than happy faces. Mr. Bernstein requested the City use social media to inform citizens about these types of issues so they can have input. Mayor Hunt announced that Item Con the Consent Agenda would be removed for discussion at the request of Council. Consider approval of the Minutes : July 25, 2017 A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, that Consent Agenda Items A, B, D, and E be approved. The motion passed by an unanimous vote. Consider approval of an Ordinance amending the Code of Ordinances, Chapter 1, Article 1-4, Section 1-4-2 entitled "Street Name Changes " by adding paragraph "U" to rename Northwest Drive to Northwestern Drive from its intersection with State Highway 121 to its terminus with Canyon Drive ; and authorizing the Mayor to sign any necessary documents. A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, that Consent Agenda Items A, B, D, and E be approved. The motion passed by an unanimous vote. Page3 City Council C. D. E. Minutes August 8, 2017 Enactment No: OR 2017 -14 77 Consider approval to enter into a design contract with Huitt-Zollars , Inc., in the amount of $76,445 .00 ; as budgeted in the general fund ; for Final Engineering Design of the Old Town Arches ; and authorizing the City Manager to sign all necessary documents . George Marshall , Traffic Engineer, made a brief presentation on the proposed Old Town Arches. He stated that this project is part of the Council's FY 2016/17 Goals and Objectives . It is a way of uniquely hanging banners to advertise the events in Old Town as requested by the Old Town businesses. Discussion ensued among the Council regarding what is best for the City at this time. A motion was made by Councilmember Gary Roden , seconded by Councilmember Cliff Long , that Consent Agenda Item C be approved . The motion failed by an unanimous vote. Consider rejection of all proposals for Request for Proposal No . 0143 , Residential and Commercial Water Meter Replacement Project and authorize the rebid for the same . A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays, that Consent Agenda Items A, 8, D, and E be approved . The motion passed by an unanimous vote. Consider authorizing the purchase of Hurst rescue tool/equipment for the Joint Fire Training Facility from sole source provider, Municipal Emergency Services , in an amount not to exceed $100 ,000 , as budgeted , and authorizing the City Manager to sign any necessary documents . A motion was made by Councilmember Gary Roden, seconded by Councilmember Wes Mays , that Consent Agenda Items A, 8, D, and E be approved. The motion passed by an unanimous vote. End of Consent Agenda 10. 11 . City of Coppell, Te x as Consider approval to award a contract to lnsituform Technologies , LLC to perform sanitary sewer main repair ; in the amount of $965 ,319 .00 ; through a Buy Board Cooperative Purchasing Program ; and authorizing the City Manager to sign any necessary documents A motion was made by Mayor Pro Tem Nancy Yingling , seconded by Councilmember Cliff Long, that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 5 -Counci lmemb e r Cli ff Long ;Councilmember Wes Mays ;Councilmembe r Gary Roden ;Councilmember Mark Hill and Mayor ProTem Nancy Yingl ing Consider approval of the certification of the 2017 anticipated tax collection rate for the period July 1, 2017 through June 30 , 2018 . Page4 City Council 12. Minutes A motion was made by Councilmember Wes Mays, seconded by Councilmember Mark Hill, that this Agenda Item be approved. The motion passed by an unanimous vote. August 8, 2017 Aye: 5 -Counc ilmemb er Cliff Long ;Councilmember Wes Mays ;Counci lmembe r Gary Roden ;Counc ilmember Mark Hill and Mayor Pro Tern Nancy Y ingling Consider approval of a proposed tax rate of $.579500 for the 2017 tax year and to set the Public Hearings on the proposed tax rate for the next regularly scheduled Council meeting on August 22 , 2017 at 7:30 p.m. and a Special called meeting on August 29 , 2017 at 6 :00 p.m. A motion was made by Councilmember Wes Mays, seconded by Councilmember Cliff Long , that this Agenda Item be approved. The motion passed by an unanimous vote. Aye: 5 -Counci lmembe r Cliff Long ;Councilmember Wes Mays ;Counc ilm ember Gary Roden ;Co uncil me m ber Mark Hill and Mayor Pro Tern Nancy Ying li ng 13. City Manager Reports -Project Updates and Future Agendas City Manager Mike Land stated he had nothing to report. 14. Mayor and Council Reports Report by Mayor Hunt regarding upcoming events. Mayor Hunt announced Open Mic Night will be held August 9th at 7 p .m . at the Cozby Library and Community Commons. All are welcome, however, all performances must be appropriate for all ages. Movie Time will be held August 10th at 3 p.m. at the Cozby Library and Community Commons. Children under the age of 10 must be accompanied by an adult. Farm-to-Table Dinner tickets will go on sale August 12th at 7:30 a.m. at the Coppell Farmers Market. The event will be held October 14th. Mayor Hunt advised that these tickets go fast, so getting there early is recommended. The Back-to-School Ice Cream Social will be August 19th from 6-8 p .m. at The Square at Old Town . The Grand Opening of the Joint Fire Training Facility for the cities of Coppell , Farmers Branch, Addison , and Carrollton , will be August 12th , at 9 a.m., at 13333 Hutton in Farmers Branch. 15. Public Service Announcements concerning items of community interest with no Council action or deliberation permitted. Councilmember Wes Mays announced that the newly created Coppell Community Orchestra would be holding auditions August 26th and September 2nd . More information is available at the Coppell Community Choral website. Mayor Hunt recessed the Regular Session at 8:40 p.m . and announced that the Council would reconvene into Worksession . 16. Take necessary action as a result of Executive Session City of Coppell, Te x as Page5 City Council Adjournment Minutes Mayor Hunt adjourned the Work Session at 9:27p.m. and reconvened into Regular Session. August 8, 2017 A motion was made by Councilmember Cliff Long, seconded by Councilmember Mark Hill to approve the joinder of the City of Coppell with the City of McAllen and other Texas municipalities to contest the legal applicability and validity of SB1004, passed in the 85th Legislative Session. The motion authorizes the payment of lawsuit joinder sum of up to $6,000; approves the hiring of Bickerstaff, Heath, Delgado and Acosta, LLP for such joinder fee; and authorizes the City Attorney and City Manager to execute the engagement letter and take appropriate and authorized action, express and implied, to further the City of Coppell interest. The motion passed by an unanimous vote. There being no further business before the City Council, the meeting was adjourned at 9:31 p.m. Karen Selbo Hunt, Mayor ATTEST: Jean Dwinnell, Deputy City Secretary City of Coppell, Texas Page6 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3510 File ID: Type: Status: 2017-3510 Agenda Item Agenda Ready 1Version: Reference: In Control: Information Systems 08/10/2017File Created: Final Action: Purchase of Desktop computers and Laptops from Dell File Name: Title: Consider approval to purchase desktop computers and laptops from Dell Marketing using State of Texas Department of Information Resources inter local contract #DIR-SDD-1951 in the amount of $93,496.00 as budgeted and authorizing the City Manager to execute all necessary documents. Notes: Agenda Date: 08/22/2017 Agenda Number: B. Sponsors: Enactment Date: PC Council Memo.pdf, PC Quote.pdfAttachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Jerod Anderson History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3510 Title Consider approval to purchase desktop computers and laptops from Dell Marketing using State of Texas Department of Information Resources inter local contract #DIR-SDD-1951 in the amount of $93,496.00 as budgeted and authorizing the City Manager to execute all necessary documents. Summary As part of the Information Systems Strategic Plan we identified the need to annually budget and replace, workstations, desktops, and laptops as needed to maintain an inventory that is no older than 4 years. Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3510) This fiscal year we have identified then need to procure 104 workstations. We will be procuring the OptiPlex 5050 with Windows 10. The workstations identified are in multiple departments. Replacing and adding this equipment will meet the Information System’s Strategic Plan goal of maintaining a modern and current working environment. Fiscal Impact: The fiscal impact of this Agenda item is $93,496.00. The funds were budgeted in the Information Systems, Computer Equipment account. (01-11-01-2985) Staff Recommendation: The Information Systems Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Albert Gauthier, Chief Information Officer Date: August 15, 2017 Reference: Consider approval to purchase desktop computers and laptops from Dell Marketing using State of Texas Department of Information Resources inter local contract #DIR-SDD-1951 in the amount of $93,496.00 as budgeted and authorizing the City Manager to execute all necessary documents. 2030: Sustainable City Government Introduction: As part of the Information Systems Strategic Plan we identified the need to annually budget and replace, workstations, desktops, and laptops as needed to maintain an inventory that is no older than 4 years. Analysis: This fiscal year we have identified then need to procure 104 workstations. We will be procuring the OptiPlex 5050 with Windows 10. The workstations identified are in multiple departments. Replacing and adding this equipment will meet the Information System’s Strategic Plan goal of maintaining a modern and current working environment. Legal Review: Agenda item was reviewed by Attorney, Ms. Alexis Allen on 08/15/17 Fiscal Impact: The fiscal impact of this Agenda item is $93,496.00. Recommendation: 2 The Information Systems Department recommends approval. Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. A quote for your consideration! Based on your business needs, we put the following quote together to help with your purchase decision. Please review your quote details below, then contact your sales rep when you're ready to place your order. Total:$93,496.00 Quote number: 3000016489170.1 Quote date: Aug. 15, 2017 Quote expiration: Sep. 14, 2017 Deal ID: 13989970 Company name: CITY OF COPPELL Customer number: 1590817 Phone: (972) 304-3644 Sales rep information: Jordan LeFan Jordan_LeFan@Dell.com (800) 456-3355 Ext: 5138596 Bill to: CITY OF COPPELL ACCTS PAYABLE PO BOX 9478 COPPELL TX 75019-9478 US (972) 304-3644 Pricing Summary Item Qty Unit price Subtotal Optiplex 5050 SFF 104 $899.00 $93,496.00 Subtotal:$93,496.00 Shipping:$0.00 Environmental Fees:$0.00 Non-Taxable Amount:$93,496.00 Taxable Amount:$0.00 Estimated Tax:$0.00 Total:$93,496.00 Special lease pricing may be available for qualified customers. Please contact your DFS Sales Representative for details. Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 2 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Dear Customer, Your Quote is detailed below; please review the quote for product and information accuracy. If you find errors or desire certain changes please contact me as soon as possible. Regards, Jordan LeFan Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order SKU Description Qty Unit Price Subtotal 104 $899.00 $93,496.00Optiplex 5050 SFF Estimated Delivery Date: Aug. 22 - Aug. 25, 2017 Contract Code:42AFU Customer Agreement No:DIR-SDD-1951 210-AKJE OptiPlex 5050 SFF XCTO 104 -- 338-BKYV Intel Core i5-7600 (QC/6MB/4T/3.5GHz/65W); supports Windows 10/Linux 104 -- 619-AHKN Win 10 Pro 64 English, French, Spanish 104 -- 658-BCSB Microsoft(R) Office 30 Days Trial 104 -- 370-ADJS 16GB (2x8GB) 2400MHz DDR4 Memory 104 -- 400-ANPQ 256GB 2.5inch SATA Class 20 Solid State Drive 104 -- 575-BBBI No Integrated Stand option 104 -- 401-AANH 2nd Hard Drive: not included 104 -- 490-BBFG Intel Integrated Graphics, Dell OptiPlex 104 -- 325-BBRJ DVD+/-RW Bezel, Small Form Factor 104 -- 429-AAJV Tray Loading Dual Layer DVD Burner 104 -- 385-BBCR No Media Card Reader 104 -- 555-BBFO No Wireless 104 -- 555-BBFO No Wireless 104 -- 461-AABV No Accessories 104 -- 329-BDIO OptiPlex 5050 SFF with 180W up to 85% efficient Power Supply (80Plus Bronze) 104 -- 470-AAJL NO ADAPTER 104 -- 580-ADJC Dell KB216 Wired Multi-Media Keyboard English Black 104 -- 275-BBBW Dell MS116 Wired Mouse, Black 104 -- 631-ABFC Intel Standard Manageability 104 -- 525-BBCL SupportAssist 104 -- 640-BBLW Dell(TM) Digital Delivery Cirrus Client 104 -- 658-BBMR Dell Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps) 104 -- 658-BBRB Waves Maxx Audio 104 -- 658-BCUV Dell Developed Recovery Environment 104 -- 620-AALW OS-Windows Media Not Included 104 -- Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 387-BBLW E-Star 6.1 & TCO 5.0 Driver, Service Install Module 104 -- 525-0062 Dell Data Protection | Endpoint Security Suite Enterprise, 3 yr 104 -- 807-9602 ProSupport for Dell Data Protection Endpoint Security Suite Enterprise, 3 Years 104 -- 954-3465 No DDPE Encryption Software 104 -- 575-BBGD Bracket for 2.5 inch Hard Drive Disk, Small Form Factor, OptiPlex 104 -- 461-AAEE Chassis Intrusion Switch SFF 104 -- 450-AAOJ System Power Cord (Philipine/TH/US)104 -- 340-AGIK Safety/Environment and Regulatory Guide (English/French Multi-language) 104 -- 340-ABJI No Diagnostic/Recovery CD media 104 -- 340-BKFG Documentation,English,French,Dell OptiPlex Small Form Factor 5050 104 -- 332-1286 US Order 104 -- 329-BBJL TPM Enabled 104 -- 551-BBBJ No Intel Responsive 104 -- 389-BCGW No UPC Label 104 -- 389-BLSV Intel(R) Core(TM) i5 Label 104 -- 389-BRLN Regulatory Label 104 -- 340-BKFK Ship Material for Opti 5050 SFF 104 -- 389-BBUU Shipping Label for DAO 104 -- 817-BBBC Not selected in this configuration 104 -- 800-BBIO Desktop BTO Standard shipment 104 -- 658-BBTV CMS Essentials DVD no Media 104 -- 461-AABF No CompuTrace 104 -- 817-BBBB No FGA 104 -- 804-9043 Dell Limited Hardware Warranty Plus Service 104 -- 804-9051 ProSupport: 7x24 Technical Support, 4 Years 104 -- 804-9071 ProSupport: Next Business Day Onsite 4 Years 104 -- 989-3449 Thank you choosing Dell ProSupport. For tech support, visit http://support.dell.com/ProSupport or call 1-866-516-3115 104 -- Subtotal:$93,496.00 Shipping:$0.00 Environmental Fees:$0.00 Estimated Tax:$0.00 Total:$93,496.00 Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 4 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Important Notes Terms of Sale This quote is valid for 30 days unless otherwise stated. Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hard copy from Dell at your request: If this purchase is for your internal use only: Dell's Commercial Terms of Sale (www.dell.com/CTS), which incorporate Dell's U.S Return Policy(www.dell.com/returnpolicy) and Warranty (www.dell.com/warrantyterms). If this purchase is intended for resale: Dell's Reseller Terms of Sale (www.dell.com/resellerterms). If this purchase includes services: in addition to the foregoing applicable terms, Dell's service contracts and related service terms (www.dell.com/servicecontracts/global). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell-branded application software is subject to the Dell End User License Agreement - A Version. (www.dell.com/AEULA) and use of the Dell-branded system software is subject to the Dell End User License Agreement - S Version (www.dell.com/SEULA) (the "End User License Agreements"). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax-exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Dell Business Credit (DBC): OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. Dell Business Credit is not offered to government or public entities, or business entities located and organized outside of the United States. Dell Financial Services Lease: 1. This proposal is property of Dell Financial Services and contains confidential information. This proposal shall not be duplicated or disclosed in whole or part. Minimum transaction size $500. 2. All terms are subject to credit approval, execution and return of mutually acceptable lease documentation. 3. Lease rates are based upon the final amount, configuration and specification of the supplied equipment. Interim rent may apply and be due in the first payment cycle. 4. The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items, which shall be for Lessee's account. 5. This proposal is valid through the expiration date shown above, or, if none is specified, for 30 calendar days from date of presentation. Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 6 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.com/learn/us/en/uscorp1/terms-of-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and Warranty (for Consumer warranties; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer; Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell-branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEULA) and use of the Dell-branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SEULA). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your PO, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax- exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax_Department@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. ^Dell Business Credit (DBC): OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER. Offered by WebBank to Small and Medium Business customers with approved credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of account balance. Dell Business Credit is not offered to government or public entities, or business entities located and organized outside of the United States. Sales rep: Jordan LeFan | Quote number: 3000016489170.1 Page 7 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. *Dell Financial Services Lease: 1. This proposal is property of Dell Financial Services and contains confidential information. This proposal shall not be duplicated or disclosed in whole or part. Minimum transaction size $500. 2. All terms are subject to credit approval, execution and return of mutually acceptable lease documentation. 3. Lease rates are based upon the final amount, configuration and specification of the supplied equipment. Interim rent may apply and be due in the first payment cycle. 4. The Lease Quote is exclusive of shipping costs, maintenance fees, filing fees, licensing fees, property or use taxes, insurance premiums and similar items, which shall be for Lessee's account. 5. This proposal is valid through the expiration date shown above, or, if none is specified, for 30 calendar days from date of presentation. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3511 File ID: Type: Status: 2017-3511 Agenda Item Agenda Ready 1Version: Reference: In Control: Information Systems 08/10/2017File Created: Final Action: Extending agreement with Century Link Communications for Internet Services File Name: Title: Notes: Agenda Date: 08/22/2017 Agenda Number: C. Sponsors: Enactment Date: Century Link Council Memo.pdf, Century Link existing agreement.pdf, Century Link Amendment.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: Jerod Anderson History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3511 Page 1City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Albert Gauthier, Chief Information Officer Date: August 15, 2017 Reference: Consider approval to amend and extend an existing agreement with CenturyLink Communications for Internet Services in the amount of $69,000 annually for an additional 3 years as budgeted and authorizing the City Manager to sign. 2030: Sustainable City Government Introduction: The City needs to increase the internet bandwidth on our primary circuit, which is currently provided by CenturyLink. Analysis: Approximately three years ago the city entered into an agreement with CenturyLink to provide internet services for the city. At that time, we were increasing our internet speed from 13mg to 100mg and added a secondary circuit of 100mg. The annual cost for this current service is approximately $50,000 per year. While this amount seems high when compared to residential rates, it is important to remember that Direct Internet Access (DIA) is different than residential access. Residential is considered shared or “best effort” in terms of speed and reliability. DIA, which is what we are procuring, is considered the purest form of internet access and is accompanied with a service level agreement that is 24x7x365 monitoring, reporting and ticketing. In addition, we receive a credit when the connection is interrupted upstream of our routers. Today we have identified the need to again increase the bandwidth to support our current demand on the primary circuit. In the graph below you will see that the daily download capacity is approaching 100% utilization. 2 Therefore, we recommend increasing the primary circuit from 100mg to 1000mg or 1gb and remain at 100mg for the secondary circuit. The secondary circuit is utilized as a failover if the primary circuit is interrupted or connection is lost. The cost of this service is $69,000 annually. Legal Review: (Agenda item reviewed by legal August 15, 2017) Fiscal Impact: The fiscal impact of this Agenda item is $69,000 annually for three years. Recommendation: The Information Systems Department recommends approval. AMENDMENT TO CENTURYLINK® LOYAL ADVANTAGE® AGREEMENT N276753 Contract Code: 600053 Page 1 CONFIDENTIAL © CenturyLink. All Rights Reserved. U-CLA v1.051517 THIS AMENDMENT NO. ONE (this “Amendment”) by and between CenturyLink Communications, LLC f/k/a Qwest Communications Company, LLC (“CenturyLink”) and City of Coppell (“Customer”), hereby amends the CenturyLink Loyal Advantage Agreement or Qwest Loyal Advantage Agreement, as applicable, Content ID: 843636, as may have been previously amended (the “Agreement”). For an interim period of time until all work is completed to update the Service Exhibits, Tariffs and other terms and conditions incorporated by attachment or reference into this Amendment, all references to Qwest Communications Company, LLC mean CenturyLink Communications, LLC. Except as set forth in this Amendment, capitalized terms will have the definitions assigned to them in the Agreement. All references to “Qwest Loyal Advantage” or “QLA” are hereby replaced with “CenturyLink Loyal Advantage.” CenturyLink and Customer wish to amend the Agreement as follows: 1. Term. Section 1 of the Agreement is revised as follows: The parties agree to start a new Initial Term of three years that begins on the Amendment Effective Date. At the end of the Initial Term, the Agreement will automatically renew for consecuti ve renewal periods equal to the Initial Term (a “Renewal Term”) unless one party provides written notice to the other party of its intention not to renew the Agreement at least 60 days prior to the expirati on of the Initial Term, or at least 30 days prior to the expiration of any Renewal Term. The Initial Term and each Renewal Term are referred to as the “Term.” The Order Term or Service Term for a particular Service is defined in the applicable Service Attachment. CenturyLink will not accept new orders after expiration or termination of the Agreement, but the Agreement will continue to apply to any unexpired orders or SOWs properly placed during the Term. 2. Modifications to Pricing. 2.1 Modifications to existing Domestic IQ Networking Service Exhibit. The following tables are added to Section 1.3 of the Pricing Attachment: Tiered Gigabit Ethernet (1000 Mbps) Internet Port Other Access Net Rate MRC Install NRC 1000 Mbps $1400.00 $0.00 2.2 Modifications to existing Local Access Service Exhibit. The following rows are added to the table in Section 2 of the Pricing Attachment: NPA/NXX Or CLLI Loop Tracking ID Service Address Type of Local Access Service Term in months (per Service) Circuit Speed Local Access Net Rate MRC Install NRC 972304 170728938778 255 W PARKWAY BLVD, COPPELL, TX, 75019 ELA - Native 36 Fast Ethernet 100 Mbps $1,300.00 $0 972304 170608924894 820 S COPPELL RD, COPPELL, TX, 75019 ELA - Native 36 Gig Ethernet 1000 Mbps $2,700.00 $0 3. Modifications. To the extent that the following provisions are not already in the Agreement or in a previous amendment, they are added through this Amendment. The Agreement is amended as follows: 3.1 General. (a) Customer will not pay for the Services with funds obtained through the American Recovery and Reinvestment Act (or ARRA) or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain functions unless each of those functions and obligations is explicitly identified and agreed to by the parties in this Agreement or in an amendment to this Agreement. (b) Customer may access its invoices and choose paperless invoices online through CenturyLink Contr ol Center located at controlcenter.centurylink.com. If Customer does not choose paperless invoices through Control Center, CenturyLink may in its discretion assess a $15 MRC for each full paper invoice provided to Customer or a $2 MRC for each summary/rem it only (where available) paper invoice provided to Customer. Those charges will not apply to an invoice that is not available through Control Center. Customer’s payments to CenturyLink must be in the form of electronic funds transfer (via wire transfer or ACH), cash payments (via previously- approved CenturyLink processes only), or paper check. CenturyLink reserves the right to charge administrative fees when Cust omer’s payment preferences deviate from CenturyLink’s standard practices. Tiered Fast Ethernet (100 Mbps) Internet Port Other Access Net Rate MRC Install NRC 100 Mbps $350.00 $0.00 AMENDMENT TO CENTURYLINK® LOYAL ADVANTAGE® AGREEMENT N276753 Contract Code: 600053 Page 2 CONFIDENTIAL © CenturyLink. All Rights Reserved. U-CLA v1.051517 (c) CenturyLink’s Information Services Schedule (“ISS”), Rates and Services Schedules (“RSS”) and Tariff (which includes CenturyLink state tariffs, price lists, price schedules, administrative guidelines, catalogs, and rate and term schedules) are posted at the following links and are incorporated by this reference: • The ISS is located at http://www.centurylink.com/tariffs/clc_info_services.pdf • The International RSS is located at http://www.centurylink.com/tariffs/fcc_clc_ixc_rss_no_2.pdf • The Interstate RSS is located at http://www.centurylink.com/tariffs/fcc_clc_ixc_rss_no_3.pdf • The Tariff is located at http://www.centurylink.com/tariffs 3.2 HIPAA. If the Agreement has a HIPAA section, then that section is deleted and replaced with the following HIP AA section, otherwise the following section is added to the Agreement. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not limited to any confidential health related information of Customer’s clie nts, which may include group health plans, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F. R. §160.103 under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA Rules”). To the extent that any exposure to PHI is incidental to CenturyLink’s provision of Service and not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI, such exposure is allowable under 45 CFR 164.502(a)(1)(iii). 3.3 Private Line Services. If Customer is amending an Agreement already containing Optical Wavelength Service (f/k/a QCC QWave®), Metro Private Line, EPL (f/k/a Ethernet Private Line), Metro EPL (f/k/a Metro Ethernet Private Line), Domestic Private Line , or E-Line Service Exhibits, the following section is added to those Service Exhibits and replaces any conflicting language in those Service Exhibits: RSS. Customer understands that Service is an interstate telecommunications service, as defined by Federal Communications Commission regulations and represents that during the Service Term, more than 10% of its traffic will be interstate traffic. 3.4 Domestic Voice Services. If Customer is amending an Agreement already containing Domestic Voice Service, the following section is added to the Domestic Voice Service Exhibit: Access Arbitrage. If CenturyLink determines the number of calls routed to CenturyLink using Access Arbit rage exceeds 11.4% of Customer’s total call volume, CenturyLink will apply a per minute Access Arbitrage Fee to 95% of their high cost minutes, In addition, CenturyLink may immediately restrict, suspend, or discontinue Service used in connection with Acces s Arbitrage upon notice of such violation to Customer. Inbound and outbound per minute “Access Arbitrage Fees” are $0.10 per minute for switched Services and $0.05 per minute for dedicated Services. For more detailed information about Access Arbitrage, ple ase refer to the RSS. “Access Arbitrage” is the use of a scheme, device or any other means to exploit or benefit from the difference between the ra tes for Voice Services provided by CenturyLink and the originating or terminating charges imposed by the Loc al Exchange Carrier (“Access Arbitrage”). Examples of Access Arbitrage include: (i) using switching equipment or a call processing system (such as a prepaid card, call ing card, or teleconferencing platform) to segregate calls and systematically route to CenturyLink calls that are characterized by a greater discrepancy between the access costs and the price charged by CenturyLink;(ii) routing calls through a call processing system such that t he percentage of high cost minutes routed to CenturyLink using the Service is more than 11.4%; (iii) segregating calls within another carrier’s network or a call processing system to systematically route calls to CenturyLink where the access costs exceed the price of l ong distance service provided by CenturyLink; (iv) transporting intrastate traffic into a different state in order to cause the traffic to be rated by CenturyLink at a lower Interstate rate than would otherwise apply; or (v) any other means to exploit or benefit from the diff erence between the rates for Services and the originating or terminating access charges imposed by the local exchange carrier. 3.5 No Resale; Compliance. The “No Resale; Compliance” section is replaced as follows: No Resale; Security. Customer represents that it is not a reseller of any telecommunication services provided under this Agreement as described in the Telecommunications Act of 1996, as amended, or applicable state law and acknowledges it is not entitled to a ny reseller discounts under any laws. CenturyLink has adopted and implemented, and will maintain, a corporate information security program designed to protect Customer information, materials and data accessed and possessed by CenturyLink from loss, misuse and unauthorized access or disclosure. Such program includes forma l information security policies and procedures. The CenturyLink information security program is subject to reasonable changes by CenturyLink from time to time. CenturyLink’s standard servic e offerings do not include managed security services such as encryption, intrusion detection, monitoring or managed firewall. Customer is responsible for selecting and using the level of security protection needed for all Customer data stored or transmitted via the Service a nd using reasonable information security practices, including those relating to the encryption of data. CenturyLink will not be deemed to have accessed, received, or be in the possession of Customer Confidential Information solely by virtue of the fact that Customer t ransmits, receives, accesses or stores such information through its use of CenturyLink's Services. CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS THAT ANY SERVICE WILL BE FREE FROM LOSS OR LIABILITY ARISING OUT OF HACKING OR SIMILAR MALICIOUS ACTIVITY, OR ANY ACT OR OMISSION OF THE CUSTOMER. AMENDMENT TO CENTURYLINK® LOYAL ADVANTAGE® AGREEMENT N276753 Contract Code: 600053 Page 3 CONFIDENTIAL © CenturyLink. All Rights Reserved. U-CLA v1.051517 3.6 Transport Services. The parties acknowledge that the Federal Communications Commission’s reliability rules mandates the identification and tagging of any circuits or equivalent data paths (“Transport Services”) to public safety answering points that are used to transport 9-1-1 calls and information (“9-1-1 Data”). Customer agrees to cooperate with CenturyLink regarding compliance with these rules and will notify CenturyLink of all Transport Services Customer purchases under this Agreement that ar e utilized to transport 9-1-1 calls and 9-1-1 Data. 4. Pricing. Changes to pricing of Customer’s existing Services will be effective on the second full billing cycle following the Amendment Effective Date. CenturyLink reserves the right to modify rates after the conclusion of each Service's minimum service period upon not less than 30 days’ prior written notice to Customer; provided that CenturyLink may reduce the foregoing notice perio d or modify rates or discounts prior to the conclusion of the minimum service period, as necessary, if such modification is based upon Regulatory Activity. CenturyLink also reserves the right to modify rates when the Agreement renews to the rates that are in effect at that time. If Regulatory Activity causes an increase in the rates for Customer's ordered Services that materially and adversely affects Customer, then Customer may terminate the affected Service upon 30 days prior written notice to CenturyLink without liability for Cancellati on Charges for the affected Service, provided, however that Customer: (a) provides such notice within 30 days after the increase occurs; and (b) provides CenturyLink 30 days to cure such increase. If Customer does not provide CenturyLink such notice during the time per mitted in this Section, Customer will have waived its right to terminate the affected Service under this Section. 5. Notices. All notices must be in writing. Notices are deemed given if sent to the addressee specified for a party either (a) by registered or certified U.S. mail, return receipt requested, postage prepaid, three days after such mailing; or (b) by national overnight courier service, next business day; or (c) by facsimile when delivered if duplicate notice is also sent by regular U.S. Mail. (a) Service Notices. All Customer notices for Service disconnect and termination must be sent via e -mail to: CenturyLink, Attn.: BusinessDisconnects@centurylink.com, except that notices for Services purchased under the Select Advantage Service Exhibit Customer must be provided to the customer care number specified on Customer’s invoice, and must contain the account name, account number, identification of the Service(s), and Service address(es). Such disconnect and termination is effective 30 days after CenturyLink’s receipt of the notice, unless a longer period is otherwise required by a Service Exhibit. Customer’s notice of non -renewal for Services must be sent via e-mail to: CenturyLink, Attn.: CenturyLink NoRenew, e-mail: Norenew@centurylink.com. All Customer notices for other routine operational notices will be provided to its CenturyLink sales representative. Failure to provide disconnect, termination and non- renewal notices in accordance with the terms of this Agreement may result in continued charges, and CenturyLink will not credit charges for such noncompliance. (b) Legal Notice. All legal notices required to be given under the Agreement will be in writing and provided to CenturyLink at: 931 14th Str., #900, Denver, CO 80202; Fax: 888-778-0054; Attn.: Legal Dept., and to Customer as provided in the Agreement or in its absence, to Customer’s address reflected in CenturyLink's records Attn. General Counsel. 6. Miscellaneous. 6.1 On April 1, 2014, CenturyLink completed an internal reorganization resulting in the merger of multiple CenturyLink owned companies into Qwest Communications Company, LLC. Simultaneously with the merger, Qwest Communications Company, LLC d/b/a CenturyLink QCC changed its name to CenturyLink Communications, LLC. The term “CenturyLink QCC” refers to the former “d/b/a CenturyLink QCC” company and not to any other CenturyLink owned companies now a part of CenturyLink Communications, LLC. References in the Agreement to “Qwest Communications Corporation,” “Qwest Communications Company, LLC,” or “QCC” are replaced with “CenturyLink Communications, LLC”. 6.2 This Amendment will be effective as of the date it is executed by CenturyLink after th e Customer’s signature (the “Amendment Effective Date”) and will become part of the Agreement. All other terms and conditions in the Agreement shall remain in full force and effect and be binding upon the parties. This Amendment and the Agreement set forth the entire understanding between the parties as to the subject matter herein, and in the event there are any inconsistencies between the two documents, the terms of this Amendm ent will control. Using CenturyLink’s electronic signature process for the A greement is acceptable. AMENDMENT TO CENTURYLINK® LOYAL ADVANTAGE® AGREEMENT N276753 Contract Code: 600053 Page 4 CONFIDENTIAL © CenturyLink. All Rights Reserved. U-CLA v1.051517 The undersigned parties have read and agree to the terms and conditions set forth in this Amendment. CUSTOMER: CITY OF COPPELL CENTURYLINK COMMUNICATIONS, LLC \1q\1 \s1\ |1s| \s2\ Authorized Signature Authorized Signature \n1\ |1n| \n2\ Name Typed or Printed Name Typed or Printed \t1\ |1t| \t2\ Title Title \d1\ |1d| \d2\ Date Date Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3513 File ID: Type: Status: 2017-3513 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 08/11/2017File Created: Final Action: Animal Shelter HVACFile Name: Title: Consider approval of National Intergovernmental Purchasing Alliance Proposal #NIPA R150501-TX-15162 to TDIndustries for replacement of the existing HVAC equipment at the Animal Services Center; in the total amount of $71,400.00; as identified in the Five-Year Plan; and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 08/22/2017 Agenda Number: D. Sponsors: Enactment Date: Animal Shelter HVAC Memo.pdf, About National IPA.pdf, Lead Agency Contracting Process.pdf, Animal Shelter HVAC Replacement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3513 Title Consider approval of National Intergovernmental Purchasing Alliance Proposal #NIPA R150501-TX-15162 to TDIndustries for replacement of the existing HVAC equipment at the Animal Services Center; in the total amount of $71,400.00; as identified in the Five-Year Plan; and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds for this contract will be provided by General Fund - Undesignated Fund Balance. Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3513) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Replacement of Existing HVAC Equipment at the Animal Services Center 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Existing systems are 18 years old.  Included in the Five-Year Plan for FY 18/19.  Project total is $71,400.00. Introduction: This agenda item is being presented to consider approval of National Intergovernmental Purchasing Alliance Proposal #NIPA R150501-TX-15162 to TDIndustries for replacement of the existing HVAC equipment at the Animal Services Center, in the total amount of $71,400.00; as identified in the Five- Year Plan; and authorizing the City Manager to sign any necessary documents. National IPA contracts are awarded through a Request for Proposal (RFP) competitive solicitation by a public agency or a governmental entity. Additional information about National IPA and the contracting process is attached. Further information can be found at www.nationalipa.org. Analysis: The City of Coppell Facilities Department budgets for maintenance and repair to the City’s facilities and infrastructure. A project identified in the Five-Year Plan for FY 18/19 is the replacement of the existing four HVAC split systems at the Animal Services Facility, which was constructed in 1999. The Facility is currently under reconstruction for a budgeted remodel which includes an additional HVAC unit for the new space. However, during the reconstruction several deficiencies with the existing HVAC system have been discovered. One issue is that the temperature control for the cat area also serves office space. This creates a situation where it is either too cold or hot in the office space when you try to regulate the cat area. The recommendation is to create a separate zone for the cat area. 2 In addition, there is an exhaust system for the kennel area, designed to ventilate the kennel through the intake ducts of the HVAC system, which is not usable when the system is on. The recommendation is to cap off this system and to utilize the HVAC system for any ventilation needs. Even beyond the configuration issues, the existing units are near their end of life and are inefficient. This recommendation is to replace the four existing HVAC split systems with higher, efficient 14 SEER condensing units, thermostats, new gas furnaces and evaporator coils. As noted, the new construction area already has a new HVAC system proposed. All related electrical, gas and refrigerant lines are included in the proposal, as well as other related duct work. TDIndustries will work with the contracted vendor, CORE Construction, to have HVAC installation finalized before the end of September when the renovations are slated for completion. To facilitate the current renovation, staff and animals were relocated out of the Animal Services Facility. While the Facility is unoccupied, the City could correct the current deficiencies and replace the HVAC system without needing to relocate people and animals again in the future. A similar approach to moving identified Five Year Plan projects forward during renovations of City facilities was used for the Library and Justice Center. At the Library, we moved the roof replacement forward so it could take place with the renovation while the Library was closed for a year. At the Justice Center, we moved the replacement of the HVAC system on the Court side forward while we were renovating the Court side. In both the Library and Justice Center examples, staff was already relocated out of the facility and it provided us the opportunity to perform other identified projects without displacing staff again in the future. The opportunity to replace the current HVAC system at the Animal Services Facility while staff and animals are relocated is in line with what we have done in the past. Legal Review: N/A Fiscal Impact: The fiscal impact of the agenda item is a total of $71,400.00. Recommendation: The Engineering Department recommends approval of the National IPA proposal with TDIndustries for the replacement of the existing Animal Services Center HVAC units. 5/25/2017 About National IPA http://www.nationalipa.or g/Pages/whatdiffer entiatesnipa.aspx 1/3 About National IPA Portfo lio National IPA has the most robust portfolio of quality contracts in the cooperative space! Our agreement portfolio has everything your organization needs to run efficiently and effectively. People National IPA has the most experienced cooperative team in public procurement, cooperative purchasing and supply chain management. With over 150 combined years of public procurement experience and over 275 years of cooperative purchasing experience, you can trust that you are in good hands with our team! Process Participation Participating in the cooperative buying power of more than 48 ,000 entities allows you to pay less for products and reduce administrative costs, which helps you do more with less! We are the fastest growing in the market, resulting in the largest purchasing power to save you valuable time and resources! National IPA saves you time and money. Participating in the cooperative buying power of more than 48,000 entities allows you to pay less for products and reduce administrative costs, which helps you do more with less. So why is National IPA so effective at creating more economical buying opportunities for you? Because we offer strength in numbers and years of government purchasing experience, you can have confidence in every contract. Contracts are competitively solicited, evaluated and awarded by a government entity acting as the lead agency. Contracts are awarded utilizing industry best practices, processes and procedures, ensuring maximum value and absolute security with complete transparency of the process. Most experienced cooperative team in public procurement, cooperative purchasing and supply chain management. Founding Member of National Coalition for Public Procurement. Robust portfolio of quality contracts. In these days of dwindling dollars, you want a partner who can help strengthen your buying position, reliably and consistently. What Differentiates National IPA? C ontracts are competitively solicited and publicly awarded by a government entity. Awards are made utilizing the best processes and procedures ensuring maximum value and absolute security with complete transparency of the process. The Lead Agency Model is considered to be a best practice in the industry! Our partners are nationallyrecognized, industry leading suppliers and manufacturers. You don't have to sacrifice great quality for a great price! 5/25/2017 About National IPA http://www.nationalipa.or g/Pages/whatdiffer entiatesnipa.aspx 2/3 Partners Principal Lead Agencies So me of our topnotch partners include: Our lead agencies are considered to be the best in public procurement. They adhere to the highest standards of procurement so you can feel secure knowing that you are in full compliance of industry regulations! 5/25/2017 About National IPA http://www.nationalipa.or g/Pages/whatdiffer entiatesnipa.aspx 3/3 Award Winning Agencies The following lead agencies are proud recipients of the 2015 Achievement of Excellence in Procurement (AEP ) Award: City of Fort Worth, TX City of Las Vegas, NV City of Rochester Hills, MI City of San Diego, CA City of Tucson, AZ Norfolk Public Schools Norfolk, VA 5/25/2017 Lead Agency Contracting Process file:///C:/Users/kgriffin/Documents/Lead%20Agency%20Contr acting%20Pr ocess.htm l 1/2 Lead Agency Contracting Process All agreements offered through National IPA have been awarded via a thorough Request for Proposal (RFP) competitive solicitation by a public agency/governmental entity (e.g. state‚ city‚ county‚ public university or school district). The contracting process is the foundation of National IPA and sets us apart from other cooperatives. In order for even the most restrictive agencies nationwide to realize the best value offered by cooperative procurement‚ National IPA ensures that industry best practices‚ processes and procedures are applied. The Cooperative Contracting Process 1. The lead agency prepares a competitive solicitation, incorporating language to make the agreement accessible nationally to agencies in states that allow intergovernmental ﴾i.e.: "piggyback"﴿ contract usage. 2. The lead agency issues the solicitation and any required amendments and notifications‚ and conducts pre–proposal conferences/meetings. 3. Interested suppliers respond to the solicitation. 4. The lead agency evaluates the responses, negotiates the final terms and conditions and ultimately awards the master agreement. 5. All documentation is posted on the National IPA website and made available to the public. National IPA is committed to the integrity of the procurement process. Access to solicitation and award documentation is always available in the Documentation sections of each awarded agreement. No FOIA or special request necessary. The lead agency procurement teams and the National IPA team of certified public procurement officials are available to answer any questions you may have or discuss the process in detail. The Lead Agencies The lead agencies who currently solicit and award cooperative contracts available through National IPA are considered some of the best procurement teams in the nation. National IPA is honored to be partnered with the best–of–the–best when it comes to process‚ procedures and industry leaders. 5/25/2017 Lead Agency Contracting Process file:///C:/Users/kgriffin/Documents/Lead%20Agency%20Contr acting%20Pr ocess.htm l 2/2 Page 1 of 4 Company: City of Coppell Job Name: Animal Shelter Replacement Split Systems and Additional HVAC to Cat Area Address: 255 Parkway Blvd Address: Animal Shelter 821 S Coppell Road Coppell, TX 75019 Coppell, TX Contact: Christa Christian Contract #: R150501-TX-15162 Phone No.: 972-462-5152 Date: 7/27/17 Email: cchristian@coppelltx.gov Quote No. 072717BCS We propose pricing for the following scope of work, to include: Replacement of Existing HVAC Equipment and Additional HVAC Equipment to the Animal Shelter The existing four split systems are 18 years old and are charged with R -22 refrigerant. Due to the age, location of the equipment in an animal facility and type of refrigerant, TD Industries recommends replacing the systems with a higher efficient 14 SEER condensing units, new gas furnaces and evaporator coils that operate on refrigerant R-410a. The 3.5 ton unit serves both the cat quarantine area and cat hold area as well as the offices on the south side of the building. There were temperature issues between these two areas due to the location of the thermostat. TD Industries recommendation is to install a separate HVAC system for the cat area using a Daikin VRV heat pump system. Scope of Work 1. Lockout and tag out electrical and gas on each existing system. 2. Recover refrigerant from each system and properly dispose. 3. Demo each furnace, coil and condensing unit. 4. Install two (2) 5 ton, one (1) 3.5 ton and one (1) 3 ton systems. 5. Connect duct work to each new coil. 6. Perform flush kits on all refrigerant lines to remove the mineral oil. 7. Connect electrical, gas and refrigerant lines. 8. Leak test and evacuate refrigerant lines. 9. Demo outside air duct connected to supply duct for dog kennel unit and cap off. 10. Tie in electrical to all condensing units. 11. Startup and charge with R-410a. 12. On 3.5 ton unit, install duct damper to isolate existing duct feeding cat area. 13. Install two 9000 BTU Daikin wall mount air handlers in the two cat quarantine rooms. 14. Install two 1.5 ton Daikin cassette units in the hallway and cat cage area. 15. Install refrigerant lines to all four air handlers. 16. Install condensate drains to floor drain in hot water heater closet. 17. Install 4 ton VRV heat pump condensing unit outside in condensing unit area. 18. Run new electrical service from the rear of the building to the condensing unit and air handlers. 19. Install remote mount thermostats for each air handler. 20. Leak test and evacuate refrigerant lines. 21. Startup and charge with R-410a. 22. Clean up area and remove debris from jobsite. 23. Provide customer with manuals for all new equipment. 24. TD provides a one year labor warranty on new equipment installed. TDIndustries is licensed and regulated by the Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 1-800-803-9202 or 512-463-6599 Texas State Board of Plumbing P.O. Box 4200 Austin, TX 78765 1-800-845-6584 Page 2 of 4 HVAC Labor 318hrs@88.25..........................$28,063.50 Electrical Labor 22hrs@$90.35......................$1,987.70 Materials………………………………………..$41,348.80 Total……………………………………………..$71,400.00 Total Price for Labor and Materials (Excluding Sales Tax)----------- $71,400.00 * Net due upon receipt of invoice. Remit to P.O. Box 300008, Dallas, TX 75303-0008 Thank you very much for the opportunity to provide pricing for the work listed above. Please contact me at the numbers listed below if you have any questions or need further information. Respectfully submitted, Bryan Strode | Technical Account Manager ______________________________________ Applied Systems/ Service Support /Chiller Retrofit Accepted by O: 972-888-9568 | F: 972-888-3418 | C: 972-322-3304 ____________________________________________ Date T.E.A.M. - Together Everyone Achieves More Page 3 of 4 Clarifications  This proposal is based on performing work during normal working hours and at normal wage rates paid by TDIndustries, Inc.  Price is based on the assumption that the structure is of sufficient strength that all piping, duct and equipment can be supported from it.  Proposal is inclusive of all permits and inspections as required by local and state agencies. Where work is being performed under a General Contractor, we will validate under Contractors Building Code permit.  All pricing is based on award of contract and work commence not later than 60 days from the date of this proposal with pricing subject to review after 30 days from the date of proposal.  TDIndustries, Inc. assumes no responsibility for existing services / conditions, their quality and/or performance.  Existing valves must close and hold.  TDIndustries, Inc. assumes no responsibility for condition of utilities or parking lots/roadways above or below grade.  TDIndustries disclaims any responsibility for incorrect data contained in the plan, specs and/or engineering data.  Proposal is based on use of building elevators. Page 4 of 4 TDIndustries, Ltd. 13850 Diplomat Drive , Dallas, Texas 75234 - 972-888-9370 , Fax #972-888-9520 License # A/C - TACL-A26339C , Plumbing - Larry Bartlett M-16723, and Electrical - 3273 1 EQUIPMENT, GOODS, MATERIAL PURCHASED AND INSTALLED BY TDINDUSTRIES: TDIndustries, Inc. shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of equipment, goods, or material that are defective in material or workmanship. The foregoing shall constitute the exclusive remedy of the customer and sole obligation of TDIndustries, In. THERE ARE NO WARRANTIES, EITHER WRITTEN OR ORAL, IMPLIED OR STATUTORY RELATING TO THE EQUIPMENT, GOODS, OR MATERIAL, PROVIDED WHICH EXTEND BEYOND THAT DESCRIBED IN THIS PARAGRAPH. NO IMPLIED STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY. 2 Workmanship - Repair Installation - TDIndustries, Inc. warrants its workmanship to be free from defects for a period of 12-months from the date of completion of the above equipment, goods, and material. Sewer and Drain Cleaning - TDIndustries, Inc. warrants its workmanship for sewer and drain cleaning for a period of 24 hours from the date of completion. Any foreign material retrieved from sewer or drain will discharge warranty and incur additional costs for clearing stoppage. This proposal is submitted for customer's consideration with the understanding that it must be approved by TDIndustries, Inc. after its acceptance by the customer and is not binding upon TDIndustries, Inc. until so approved in writing. Your acceptance of this proposal is expressly limited to the terms of this document. Any additional or different terms or conditions set forth in your purchase order or in any similar such communication are hereby objected to by TDIndustries, Inc. and shall not be binding nor effective unless assented to in writing by an authorized representative of TDIndustries, Inc. Any order or any statement of intent to proceed with installation or any direction to proceed with installation or acceptance of this proposal or payment in full or part for any of the work or equipment furnished shall constitute customer's assent to the terms and conditions of this proposal. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. THIS PROPOSAL IS EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED OR REFERRED TO HEREIN, INCLUDING THOSE CONTAINED IN ANY ATTACHMENT HERETO. 1 TDIndustries, Inc. liability or any claim for loss or damage arising out of this contract or from the performance or breach thereof or connected with the supplying of any labor, equipment, goods or material hereunder, or their sale, resale, operation or use, whether based on contract, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such labor, equipment, goods or material, or part there of involved in the claim. TDIndustries, Inc. shall not, under any circumstances, be liable for any labor charges without the prior written consent of TDIndustries, Inc. TDIndustries, Inc. shall not, in any event, be liable, whether as a result of breach of contract, warranty, tort (including negligence) or other grounds, for special, consequential, incidental or penal damages including, but not limited to, loss of profits, revenues, loss of the product or any associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of the Customer for such damages. If TDIndustries, Inc. furnishes Customer with advice or other assistance which concerns labor, equipment, goods, or material furnished hereunder, or any systems or equipment in which of such equipment, goods, or material may be installed, and which is not pursuant to this contract, the furnishing of such advice or assistance will not subject TDIndustries, Inc. to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. 2 If TDIndustries, Inc. encounters asbestos, polychlorinated Biphenyl (PCB) or other hazardous substances on the site, TDIndustries, Inc. will stop work and report the condition to the owner or owners' representative. TDIndustries, Inc. will not resume work in the affected area until the asbestos, PCB's or other hazardous substances have been removed or otherwise controlled so that it does not pose a health or safety threat. 3 Any installation dates given in advance are estimated. Installation will be subject to prior orders with TDIndustries, Inc. TDIndustries, Inc. shall not be liable for failure to perform or delay in performance hereunder resulting from fire, labor difficulties, delays in usual sources of supply, major changes in economic conditions, or, without limitation by the foregoing, any cause beyond TDIndustries, Inc. reasonable control. 4 On arrival of any equipment, goods and material at the shipping address specified on the reverse side hereof, Customer shall assume all risk or loss or damage to such equipment, goods, or material. 5 In the event Customer requires TDIndustries, Inc. to delay shipment or completion of the work under this proposal, payment pursuant to this proposal shall not be withheld or delayed on such account. TDIndustries, Inc. shall have the right to deliver any portion of the equipment, goods or material to be furnished hereunder and to bill Customer therefore, and Customer agrees to pay for the same in accordance with terms of the payment hereof upon notification that such shipment is ready for delivery, notwithstanding the fact that Customer may be unable to receive or provide suitable storage space for any such partial delivery. In such event, such portion of the equipment, TDIndustries, Inc. may store goods or material ready for shipment at Customer's risk and expense. 6 The amount of any past, present or future occupation, sales, use, service, excise or other similar tax which TDIndustries, Inc. shall be liable for, either on its own behalf or on behalf of Customer, or otherwise, with respect to any equipment, goods, material or service covered by this proposal, shall be in addition to the prices set forth herein and shall be paid by Customer. 7 If the equipment, goods or material furnished hereunder requires the use of water or steam, recirculated or otherwise, TDIndustries, Inc. shall not be liable for the effect of its physical or chemical properties upon said equipment, goods or material. 8 All skilled or common labor which may be furnished by the Customer shall be considered and treated as Customer's own employees, and Customer agrees to fully protect and indemnify TDIndustries, Inc. against all claims for accidents or injuries to such employees in the course of the work, or to any person or persons through the negligence of such employees. 9 No oral representations are binding upon TDIndustries, Inc. unless reduced to writing and signed by an authorized representative of TDIndustries, Inc. All changes to this contract must be in writing. Revised 05-09-2008 LIMITED WARRANTY STANDARD TERMS AND CONDITIONS Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3518 File ID: Type: Status: 2017-3518 Agenda Item Agenda Ready 1Version: Reference: In Control: Engineering 08/14/2017File Created: Final Action: NCTCOG InterlocalFile Name: Title: Consider approval of an Interlocal Cooperation Agreement between the North Central Texas Council of Governments and the City of Coppell for Implementation of the Regional Traffic Signal Retiming Program; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: E. Sponsors: Enactment Date: Signal Timing Interlocal Memo.pdf, Signal Timing Interlocal Exhibit.pdf, Signal Timing Interlocal Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3518 Title Consider approval of an Interlocal Cooperation Agreement between the North Central Texas Council of Governments and the City of Coppell for Implementation of the Regional Traffic Signal Retiming Program; and authorizing the Mayor to sign. Summary Fiscal Impact: The funds for the local match are available in the Engineering Division budgets. Staff Recommendation: The Engineering Department recommends approval. Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3518) Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Interlocal Cooperation Agreement (ICA) with North Central Texas Council of Governments (NCTCOG) for Signal Timing Grant 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Staff is beginning the implementation phase of new signal timing for traffic signals along Denton Tap between Sandy Lake Road and Natches Trace.  NCTCOG utilizes Congestion Mitigation and Air Quality (CMAQ) Federal Funds to implement improved corridor signal timing throughout the region.  Staff had discussion with NCTCOG staff regarding availability of signal timing grant funds, was original advised that no funding was available, but later was advised that limited funds were available.  This grant leverages $15,680 of local funds into new signal timing for 14 traffic signals. Without the grant this funding would cover the cost to re-time three signals.  Upon completion, updated signal timing will be in place for all traffic signals along Denton Tap from SH 121 to Belt Line, Belt Line south of Southwestern, and all of Sandy Lake Road. Introduction: As part of the regional air quality improvement strategy, NCTCOG utilizes CMAQ funds to hire consultants to develop and implement new signal timing throughout the region. This grant will leverage $15,680 in local funds into $78,400 of signal timing work. The intersection locations are identified in Attachment A of the Interlocal Cooperation Agreement (ICA). Analysis: Traffic flow improvement is an ongoing effort in Coppell for several reasons, including traffic signal operations. Staff has been working to improve signal timing along major arterials and is actively implementing changes along the northern segments of Denton Tap. To build on the improvements 2 that will be realized with these timing changes, as well as the implementation of the new traffic signal controllers at all traffic signals, staff has worked with NCTCOG staff to develop a signal timing effort for signals along Sandy Lake, Denton Tap, and Belt Line. This regional project is managed and administered by NCTCOG, with cooperation and coordination by city staff. In this instance, the consultant that will develop and implement the timing is the same consultant that Coppell staff selected to conduct the re-timing along north Denton Tap. The grant application was reviewed and approved by the Grant Advisory Committee, and the local matching funds are available from Engineering Department operating budget. The local match will be payable to NCTCOG upon approval of the ICA. Work on the signal timing effort would be expected to begin in the fourth quarter of 2017. Legal Review: The City Attorney reviewed the Interlocal Cooperation Agreement. Fiscal Impact: The fiscal impact of this item is $15,680, as provided in the Engineering budget. Recommendation: The Engineering Department recommends approval of the Interlocal Cooperation Agreement. FREEPORTESTERNVDE BE LINESBELT LINERDCreated in ArcGIS10.3W:\GIS\Projects\Exhibit Location Maps\S Belt Line Rd Reconstruction Zoom±0 800 1,600Feet1 inch = 1,500feetSignal SystemCity Limits ATTACHMENT A SCOPE OF WORK Name Name 1 Sandy Lake Road Sandy Lake Road Royal Coppell Coppell 0 1 Sandy Lake Road Heartz Coppell Coppell 0 1 Sandy Lake Road Samuel Coppell Coppell 0 1 Sandy Lake Road Moore Coppell Coppell 0 1 Sandy Lake Road MacArthur Coppell Coppell 0 1 Sandy Lake Road Riverchase Coppell Coppell 0 1 0 6 2 Denton Tap Denton Tap Bethel School Rd Coppell Coppell 0 1 Denton Tap Bethel Rd Coppell Coppell 0 1 Denton Tap Southwestern/Belt Line Coppell Coppell 0 1 S Belt Line Wrangler Coppell Coppell 0 1 S Belt Line Lakeshore Coppell Coppell 0 1 S Belt Line Saintsbury Coppell Coppell 0 1 S Belt Line Dividend Coppell Coppell 0 1 S Belt Line Airline Coppell Coppell 0 1 0 8 On-System Off-System Locations Requiring Signal Retiming 0 14 Total Cost $0 $78,400 Local Match $0 $15,680PriorityMain Street Cross Street City O & M Agency On / Off TxDOT System On-SystemOff-SystemAgreement with NCTCOG - Consultant Retiming Retiming Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3521 File ID: Type: Status: 2017-3521 Agenda Item Agenda Ready 1Version: Reference: In Control: Human Resources 08/14/2017File Created: Final Action: Executime AmendmentFile Name: Title: Consider approval for an amendment to the contract with Tyler Technologies for the replacement of the City’s current Time and Attendance software with Executime (ATICC Project, a sub project of the PIER Project) for the total amount of $48,650 and authorizing the City Manager to sign any necessary documents. Notes: Agenda Date: 08/22/2017 Agenda Number: F. Sponsors: Enactment Date: Tyler Technologies for ExecuTime - Memorandum.pdf, Tyler Technologies for ExecuTime - Amendment.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3521 Title Consider approval for an amendment to the contract with Tyler Technologies for the replacement of the City’s current Time and Attendance software with Executime (ATICC Project, a sub project of the PIER Project) for the total amount of $48,650 and authorizing the City Manager to sign any necessary documents. Summary Fiscal Impact: Funds are available in the General Fund - Undesignated Fund Balance for this amendment. Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3521) Staff Recommendation: [Enter Staff Recommendation Here] Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council Via: Vivyon V. Bowman, Director of Administration and Human Resources From: Justin Vaughn, Assistant Director of Administration/Human Resources Date: August 11, 2017 Re: Consider approval for an amendment to the contract with Tyler Technologies for the replacement of the City’s current Time and Attendance software with Executime (AT ICC Project, a sub project of the PIER Project) for the total amount of $48,650 and authorizing the City Manager to sign any necessary documents. 2030: Sustainable City Government Introduction: The City has entered into a contract with Tyler Technologies to provide a new Time and Attendance system (Executime). This agenda item requests an amendment to that contract for the purpose of purchasing the Advanced Scheduling module of the software in the amount of $48,650. Analysis: The City has been working for the past several months on a discovery project for the replacement of the City’s ERP system, including Financial/HR/Payroll (PIER Project), with Tyler Technologies Munis product. As a part of this discovery project, we identified the opportunity to address the current Time and Attendance system in addition to the other modules mentioned above. At the request of staff, the Mayor and City Council approved a contract with Tyler Technologies on February 28, 2017 for the purchase of Time and Attendance software (Executime). This agenda item is an amendment to the initial contract for the purchase of the Advanced Scheduling module within Executime. During implementation of the initial software, it was determined that the Police and Fire Departments would require an inordinate amount of time to manually enter their schedules on an ongoing basis, track minimum staffing and lack the ability to make schedule changes on the fly. The Advanced Scheduling module will greatly enhance the ability for both public safety departments to maintain and track employee time and required staffing changes in an ever- changing work environment. Initially, the purchase and implementation of the Advanced Scheduling module was being considered as an optional purchase in phase two of the PIER project. Our initial plan was to bring the base Executime module on-line first and layer the Advanced Scheduling module on top of the base system. The decision was made to do a parallel implementation in order to avoid manual schedule up keep and simplify the process for Police and Fire more immediately addressing their requirements. Legal Review: Contract was reviewed by City Attorney Fiscal Impact: Funds will be provided by the General Fund Undesignated Fund Balance 2 Recommendation: Staff recommends approval of the contract. AMENDMENT This amendment (“Amendment”) is made this ____ day of ____________________, 2017 by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Coppell, with offices at 255 Parkway Boulevard, Coppell, TX 75019 (“Client”). WHEREAS, Tyler and the Client are parties to an agreement dated March 7, 2017 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the Agreement; NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows: 1. The Tyler Software and services in Sales Quotation 2017-33726, attached hereto as Exhibit 1, are hereby added to the Agreement. 2. Delivery of the Tyler Software ExecuTime Advance Scheduling and ExecuTime Advance Scheduling Mobile Access will be according to the terms and conditions of the implementation and project plan to be mutually developed by the parties following execution of this Amendment. 3. Payment for the items added to the Agreement pursuant this Amendment shall conform to the following: a. Software License Fees. Tyler shall invoice Client $20,870 on the date of final execution of this document (“the Amendment Effective Date”). Such amount equals 100% of the software license fees for the Tyler Software ExecuTime Advance Scheduling and ExecuTime Advance Scheduling Mobile Access. b. Services & Expenses. Fees for professional services, along with applicable expenses, shall be invoiced as provided and/or incurred. c. Year One Maintenance Fees. The Year One Maintenance and Support fee is waived for the one (1) year period commencing on the Amendment Effective Date. Subsequent annual maintenance and support fees will be determined and remitted in accordance with the Agreement. 4. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement. 5. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. Coppell, TX By: By: Name: Name: Title: Title: Date: Date: Exhibit 1 Exhibit 1 Exhibit 1 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3523 File ID: Type: Status: 2017-3523 Agenda Item Agenda Ready 1Version: Reference: In Control: City Secretary 08/14/2017File Created: Final Action: SPAN contract renewalFile Name: Title: Consider approval of an agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for Senior Citizens and Citizens with Disabilities; in an amount not to exceed $16,000; subject to the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: G. Sponsors: Enactment Date: FY17-18 SPAN Agreement Memo.pdf, 2017-18 SPAN Agreement.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3523 Title Consider approval of an agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for Senior Citizens and Citizens with Disabilities; in an amount not to exceed $16,000; subject to the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. Summary Fiscal Impact: Funds have been budgeted in the Mayor and Council, Special Projects account for this contract. (01-01-01-4240) Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3523) Approval recommended. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 MEMORANDUM To: Mayor and City Council From: Christel Pettinos, City Secretary Date: August 22, 2017 Reference: Consider approval of an agreement renewal between the City of Coppell and SPAN, Inc., for the provision of transit services for Senior Citizens and Citizens with Disabilities; in an amount, not to exceed $16,000; subject to the adoption of the FY 2017-18 budget; and authorizing the Mayor to sign. Introduction: This is the annual contract renewal between the City of Coppell and SPAN for residential, paratransit services. Analysis: While the initial contract budgeted $75,000 for the services, the renewal agreement was amended to reflect the actual ridership costs. Should ridership continue to increase for FY 17-18, the agreement will not exceed the original amount of $75,000. Ridership numbers are as follows: Month SPAN Trips SPAN Riders Month SPAN Trips SPAN Riders June 10 1 January 96 8 July 43 4 February 101 8 August 61 7 March 99 5 September 47 5 April 96 6 October 109 8 May 112 10 November 115 11 June 105 10 December 89 6 July 82 7 2016 Total 474 42 2017 Total 691 54 Legal: Reviewed by the City Attorney on August 3, 2017. Recommendation: Approval recommended. Page 1 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) STATE OF TEXAS § § COUNTY OF DALLAS § AGREEMENT FOR TRANSPORTATION SERVICES. This Agreement for Transportation services is made by and between the City of Coppell, Texas (“City”) and SPAN, Inc. a non-profit corporation, to provide transportation for senior citizens and persons with disabilities (each a “Party” and collectively the “Parties”), acting by and through their authorized representatives. RECITALS: WHEREAS, the City recognizes that has an aging population and special needs citizens which are in need of transportation alternatives to seek routine medical care and to attend to daily routine matters, the City desires to assist and provide a form of public/private transportation to said citizens, and WHEREAS, City desires to engage the services of SPAN as an independent contractor, and not as an joint venture, partnership or employee, to provide the services described herein in connection with transportation services in the Coppell service area, as set forth herein; and WHEREAS, SPAN is authorized as a non-profit corporation, grandfathered under the Texas Transportation Code to provide this type of transportation to municipalities located in whole or in part within Denton County, Texas, WHEREAS, SPAN desires to provide transportability services for City on the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein, and other valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows: Article I Term 1.01. This Agreement shall commence on October 1, 2017 (“Effective Date”) and continue until September 30, 2018. 1.02. Either Party may terminate this Agreement by giving thirty (30) days prior written notice to the other Party. Article II Service 2.01. SPAN shall provide door-to-door demand response transit services to Riders who are sixty (60) years of age or older and persons with documented disabilities (herein after Riders) in accordance with this Agreement. Page 2 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) 2.02. Riders shall be picked up within service area and taken anywhere in the SPAN/CITY transit service destination area shown on Exhibit “A” hereto, at a cost to the Riders of $2.50 for qualified seniors (age 60 and older) and people with documented disabilities in accordance with the SPAN Transportation policy and procedures which are attached hereto and incorporated herein as Exhibit “B” (herein after “the Policy”). The Riders shall remit the fare recited in this section at or prior to the time the service is rendered. 2.03. A Memorandum of Understanding has been established between the two entities to address situations when Riders call and request service that is outside or not identified as a covered area shown on Exhibit “A”. SPAN may make a request to the City to temporarily or permanently amend the service area Exhibit “A”. The amendment of Exhibit “A” can only be amended if both parties mutually agree in writing. 2.04. Riders may call in at least one (1) day in advance, but no more than two (2) weeks in advance, to set up appointments for pick-up and drop off by calling SPAN'S Transportation Office at 940-382-1900 weekdays between the hours of 8:00 a.m. and 2:00 p.m.; and 2.05. Demand response transit service is available between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday excluding Saturday, Sunday, major holidays and subject to capacity constraints and availability. Article III Schedule of Work SPAN agrees to complete the required services in accordance with the Project Schedule outlined in this Agreement. 3.01. SPAN shall provide all equipment, facilities, qualified employees, training, and insurance necessary to establish a demand response transit service for the Riders. SPAN shall further establish, operate, and maintain an accounting system for this program that will allow for a tracking of services provided to Riders and a review of the financial status of the program. SPAN shall also track and break down the information regarding the number of one-way trips it provides to Riders. SPAN shall adopt such policy and procedures to ensure safe and competitive public transportation services to Riders. 3.02. SPAN will be responsible for verifying and documenting the eligibility of Riders. SPAN reserves the right to determine on an individual basis whether SPAN has the capability to safely transport a passenger. In the event that safety is compromised, SPAN may decline transportation for this person and must document the reason why service was declined. 3.03. The CITY shall have the right to review the activities and financial records kept incident to the services provided to the Riders by SPAN under this Agreement. In addition, SPAN shall provide monthly ridership information to the City Manager or his/her designee specifically Page 3 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) identifying the number of Rider trips including rider origination, destination, and purpose. The sole purpose of such information is to determine whether to continue to contract with SPAN and to evaluate the Rider use. Article IV Compensation and Method of Payment 4.01. In order to ensure the City assists in providing some form of available transportation to its senior and special needs citizens, CITY agrees to pay a reasonable fee to SPAN for demand response transit service provided to Riders under this Agreement. Such grant shall be invoiced and paid for the period of October 1, 2017, through September 30, 2018, will be in aggregable amount of Sixteen Thousand Dollars ($16,000) for up to a total of Five Thousand Two Hundred Seventy- Four (5,274) one-way trips for Riders, invoiced to CITY on a monthly basis at a price per one-way trip of Fourteen Dollars and Twenty-Two Cents ($14.22). The number of one-way trips shall be limited to a maximum of Four hundred Forty (440) one-way trips per month at a price of Fourteen Dollars and Twenty Two Cents ($14.22) per one-way trip payable to SPAN by the City as a subsidy rate. 4.02. If fewer than Four Hundred Forty (440) one-way trips are used in any given month the unused one-way trips from that month will accrue (roll-over) and be available for use during the immediately following month. If unused during the immediately following month, the accrued trips shall continue to roll forward on a monthly basis until the conclusion of the Term of this Agreement. Article V Devotion of Time; Personnel; and Equipment 5.01. SPAN shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. Should City require additional services not included under this Agreement, SPAN shall make reasonable effort to provide such additional services within the time schedule without decreasing the effectiveness of the performance of services required under this Agreement, and shall be compensated for such additional services on a time and materials basis, in accordance with SPAN’s standard hourly rate schedule, or as otherwise agreed between the Parties. 5.02. To the extent reasonably necessary for SPAN to perform the services under this Agreement, SPAN shall be authorized to engage the services of any agents, assistants, persons, or corporations that SPAN may deem proper to aid or assist in the performance of the services under this Agreement. SPAN shall provide written notice to and approval from City prior to engaging services not referenced in Exhibit “A”. The cost of such personnel and assistance shall be included as part of the total compensation to be paid SPAN hereunder, and shall not otherwise be reimbursed by City unless otherwise agreed to in writing. 5.03. SPAN shall furnish the facilities, equipment and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Page 4 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) Article VI Miscellaneous 6.01. Entire Agreement. This Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings written or oral agreements between the Parties with respect to this subject matter. 6.02. Assignment. SPAN may not assign this Agreement without the prior written consent of City. In the event of an assignment by SPAN to which City has consented, the assignee shall agree in writing with City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 6.03. Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 6.04. Governing Law. The laws of the State of Texas shall govern this Agreement without regard to any conflict of law rules; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 6.05. Amendments. This Agreement may be amended by the mutual written agreement of the Parties. 6.06. Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 6.07. Independent Contractor. It is understood and agreed by and between the Parties that SPAN, in satisfying the conditions of this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by SPAN pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. SPAN shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. Nothing contained herein shall constitute or provide for as a waiver of the City’s immunity under state or federal law. 6.08. Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: Page 5 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) If intended for City: City Manager City of Coppell, Texas 255 E. Parkway Boulevard Coppell, Texas 75019 972.304.3673 – facsimile With a copy to: Robert E. Hager Nichols, Jackson, Dillard, Hager & Smith, LLP 1800 Ross Tower 500 N. Akard Street Dallas, Texas 75201 214.965.0010 - facsimile If intended for SPAN: Deb Robertson Executive Director SPAN, Inc. 1800 Malone Street Denton, Texas 76201 940.382.2224 – Office 6.09. Insurance. (a) SPAN shall during the term hereof maintain in full force and effect the following insurance: (1) a comprehensive commercial general liability policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to SPAN’s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000,000.00 per occurrence for injury to persons (including death), and for property damage with an aggregate of $2,000,000.00; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by SPAN, its officers, agents, and employees, and used in the performance of this Agreement with policy limits of not less than $5,000,000.00 combined single limit and aggregate for bodily injury and property damage; (3) statutory Worker’s Compensation Insurance at the statutory limits and Employers Liability covering all of SPAN’s employees involved in the provision of services under this Agreement with policy limit of not less than $500,000.00; and (b) All policies of insurance shall be endorsed and contain the following provisions: (1) name City, its officers, and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; Page 6 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) (2) provide for at least thirty (30) days prior written notice to City for cancellation of the insurance; (3) provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. SPAN shall provide written notice to City of any material change of or to the insurance required herein. (c) All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least “A” by AM Best or other equivalent rating service. (d) A certificate of insurance and copies of the policy endorsements evidencing the required insurance shall be submitted prior to commencement of services and upon request by City. 6.10. In the event of conflict between this Agreement and the Policy, this Agreement shall control. In performing services under this Agreement, the relationship between the CITY and SPAN is that of an independent contractor. No term or provision of this Agreement or act of SPAN in the performance of this Agreement shall be construed as making SPAN the agent, servant, or employee of the CITY. It is expressly understood that the City assumes no operational supervision, control or oversight to the services provided under this agreement. City does not have any ownership or beneficial interest in the business; and does not share any profits or losses generated from the business. 6.11. Indemnification. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF SPAN PURSUANT TO THIS AGREEMENT. SPAN HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. SPAN AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY SPAN’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF SPAN, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE SPAN SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO SPAN AS DETERMINED BY A COURT OR OTHER FORUM OF Page 7 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) COMPETENT JURISDICTION). SPAN’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY SPAN UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 6.12. Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the Parties hereto. 6.13. Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 6.14. Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement shall survive termination. [Signature Page to Follow] Page 8 Agreement for Services City of Coppell and SPAN, Inc. (TM 76500) EXECUTED this _______ day of _____________________, 2017. CITY OF COPPELL, TEXAS By: ____________, City Manager ATTEST: By: _______________, City Secretary APPROVED AS TO FORM: ___________________________ Robert E. Hager, City Attorney EXECUTED this _______ day of _____________________, 2017. SPAN, INC. dba SPAN, INC. By: Name: Title: Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3507 File ID: Type: Status: 2017-3507 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/09/2017File Created: Final Action: PH Crime Control FY 17-18File Name: Title: PUBLIC HEARING: To receive public comment and consider approval of the proposed 2017-18 budget for the Coppell Crime Control and Prevention District. Notes: Agenda Date: 08/22/2017 Agenda Number: 10. Sponsors: Enactment Date: Memo PH CC Crime Control 2017-18.pdf, Public Hearing 2nd Notice Crime Control 17-18 (Paper).pdf, Crime Prevention 2018.pdf, Crime Prevention Fund 2018.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3507 Title PUBLIC HEARING: To receive public comment and consider approval of the proposed 2017-18 budget for the Coppell Crime Control and Prevention District. Summary See attached memorandum. Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3507) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 22, 2017 Reference: Public Hearing on the proposed 2017-18 Budget for the Coppell Crime Control and Prevention District 2030: Sustainable City Government Introduction: Pursuant to Chapter 363 (363.205) of the Local Government Code, the governing body that created the district shall hold a public hearing on the budget adopted by the Board. Any resident of the district is entitled to be present and participate at the hearing. Analysis: The Crime Control Board held a public hearing on July 13, 2017. No citizens were present to speak. The Board closed the public hearing and approved the budget as presented. Legal Review: This agenda item was reviewed by legal counsel during the Council agenda packet review process. Fiscal Impact: Recommendation: MEMORANDUM Date: August 7, 2017 To: Citizens' Advocate From: Cayce Lay, Budget Officer City of Coppell Subject: Notice of Public Hearing Coppell Crime Control and Prevention District Please publish the following Notice of Public Hearing on August 11, 2017: NOTICE OF PUBLIC HEARING PROPOSED 2017-2018 BUDGET COPPELL CRIME CONTROL AND PREVENTION DISTRICT A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Proposed 2017-2018 Budget. The Public Hearing will be held on August 22, 2017 at 7:30 p.m. in Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget is on file for public view in the William T. Cozby Public Library. Please include our standard Public Notice for ADA Compliance as well. Feel free to contact me if you have any questions or need additional information. I can be reached at (972) 304 -3690. Thank you. Position/Title Pay Grade 15-16 16-17 17-18 Deputy Police Chief 43 0 1 1 Police Captain PD 6 1 0 0 Police Sergeant PD 4 1 1 1 Police Officer PD 2 12 12 13 Crime Analyst 28 1 1 1 Terminal Agency Coordinator 26 1 1 1 Dispatch Supervisor 28 4 0 0 Police Dispatcher 23 9 0 0 Total 29 16 17 13-14 14-15 15-16 16-17 17-18 911 Calls Received 16,311 17,343 17,727 18,172 18,300 Schools with dedicated SRO 2 2 5 5 5 Schools "Adopted" by Patrol 13 13 10 10 10 Division: Special RevenueDepartment: Crime Prevention District Performance Measures Mission The Crime Prevention District facilitates the Coppell Police Department's efforts to maintain a safe community environment. This is accomplished by providing quality programs and services such as our School Resource Officers and Community Services Crime Prevention Officer programs. The district also provides funding for public safety communications, which is done in collaboration with our partner cities through the North Texas Emergency Communications Center (NTECC). Authorized Personnel FY2018 Key Goals Collaborate with the management staff and personnel of the North Texas Emergency Communications Center to provide public safety services. Support the CISD and provide education to the younger citizens of Coppell with the School Resource Officer program, the Police Explorer program, the Junior Police Academy, and various safety education classes, including the Self-Defense for Women course offered to high school senior girls. Continue to engage our citizens through our perennially award-winning National Night Out program. Actual Adopted FY 17 Budget FY 18 Budget Description 2015-16 2016-17 Amended Proposed Sales Tax $4,615,901 $4,735,000 $4,735,000 $5,100,000 Interest Income 23,486 7,500 7,500 15,000 Total Revenue $4,639,387 $4,742,500 $4,742,500 $5,115,000 Salary & Benefits $1,529,992 $1,664,252 $1,664,252 $2,067,236 Supplies 25,133 36,390 36,500 47,990 Services 1,254,480 1,558,143 1,558,143 1,624,691 Capital Outlay 202,745 1,733,742 1,932,360 1,017,500 Transfers Out 110,359 569,247 1,195,523 589,156 Total Expenditure $3,122,709 $5,561,774 $6,386,778 $5,346,573 Net 1,516,678 (819,274)(1,644,278)(231,573) Fund Balance Beginning Balance $7,108,297 $8,624,975 $8,624,975 $6,980,697 Ending Balance $8,624,975 $7,805,701 $6,980,697 $6,749,124 City of Coppell Crime Prevention District Special Revenue Summary The Crime Prevention District special revenue fund is restricted to crime prevention programs and services. Revenues come from the ¼% sales tax. Expenditures in FY2018 include the School Resource Officer program, the neighboorhood/community policing program, and the joint emergency dispatch center. Capital purchases include the renovation of the former dispatch space, a vehicle for the new officer, and ten (10) additional automatic license plate reader cameras. Sales Tax 99.71% Interest Income 0.29% 2017-18 Revenues Salary & Benefits 38.66% Supplies 0.90%Services 30.39% Capital Outlay 19.03% Transfers Out 11.02% 2017-18 Expenditures Outlay 19.03% 11.02% Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3509 File ID: Type: Status: 2017-3509 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/09/2017File Created: Final Action: PH #1 Tax Rate 2017-18File Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 tax rate of $0.579500. Notes: Agenda Date: 08/22/2017 Agenda Number: 11. Sponsors: Enactment Date: Memo Tax Rate Public Hearing.pdf, City of Coppell 2017 Notice of Proposed Tax Rate.pdf, Public Hearing Tax Rate 17-18 (Paper).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3509 Title PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 tax rate of $0.579500. Summary See attached memorandum. Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3509) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 22, 2017 Reference: Public Hearing on the proposed 2017-18 tax rate of $0.579500 2030: Sustainable City Government Introduction: Pursuant to Section 26.06 of the Texas Property Tax Code, when a proposed tax rate exceeds the notice and hearing limit, the taxing unit’s governing body must hold two (2) public hearings on the proposal. At these hearings, taxpayers must have the opportunity to expr ess their views on the proposed increase. The governing body may not adopt the tax rate at these hearings; and must announce the date and time of the meeting at which it will vote on the tax rate. The meeting to adopt the 2017 tax rate must be at least three (3) days but no more than fourteen (14) days after the public hearing. Analysis: As required by Local Government Code, Sec. 140.010, attached is the notice that was published in the newspaper on August 11, 2017. The 1st public hearing will be at the regular Council meeting on August 22, 2017 and the 2nd will be at a Special called meeting on August 29, 2017. The tax rate adoption is scheduled for September 12, 2017. Legal Review: This agenda item was reviewed by legal counsel during the Council packet review process. Fiscal Impact: Recommendation: NOTICE OF 2017 TAX YEAR PROPOSED PROPERTY TAX RATE FOR CITY OF COPPELL A tax rate of $0.579500 per $100 valuation has been proposed for adoption by the governing body of City of Coppell. This rate exceeds the lower of the effective or rollback tax rate, and state law requires that two public hearings be held by the governing body before adopting the proposed tax rate. The governing body of City of Coppell proposes to use revenue attributable to the tax rate increase for the purpose of public safety concerns and one time capital purchases. PROPOSED TAX RATE $0.579500 per $100 PRECEDING YEAR'S TAX RATE $0.579500 per $100 EFFECTIVE TAX RATE $0.567531 per $100 ROLLBACK TAX RATE $0.584936 per $100 The effective tax rate is the total tax rate needed to raise the same amount of property tax revenue for City of Coppell from the same properties in both the 2016 tax year and the 2017 tax year. The rollback tax rate is the highest tax rate that City of Coppell may adopt before voters are entitled to petition for an election to limit the rate that may be approved to the rollback rate. YOUR TAXES OWED UNDER ANY OF THE ABOVE RATES CAN BE CALCULATED AS FOLLOWS: property tax amount= (rate) x (taxable value of your property)/100 For assistance or detailed information about tax calculations, please contact: John R. Ames, PCC, CTA 1201 Elm Street, Suite 2600, Dallas TX 214.653.7811 TNTHELP@dallascounty.org You are urged to attend and express your views at the following public hearings on the proposed tax rate: First Hearing: August 22, 2017 at 6:00 pm at 255 Parkway Blvd, Coppell TX. Second Hearing: August 29, 2017 at 6:00 pm at 255 Parkway Blvd, Coppell TX. MEMORANDUM Date: August 7, 2017 To: Citizens' Advocate From: Cayce Lay, Budget Officer City of Coppell Subject: Notice of Public Hearing Proposed Property Tax Rate Please publish the following Notice of Public Hearing on August 11, 2017: NOTICE OF PUBLIC HEARING PROPERTY TAX RATE FOR 2017 TAX YEAR CITY OF COPPELL A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Property Tax Rate Proposed for the 2017 Tax Year. The Public Hearing will be held on August 22, 2017 at 7:30 p.m. in Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. The City’s Truth in Taxation information is available from the Dallas County Tax Office. Please include our standard Public Notice for ADA Compliance as well. Feel free to contact me if you have any questions or need additional information. I can be reached at (972) 304 -3690. Thank you. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3508 File ID: Type: Status: 2017-3508 Agenda Item Public Hearing 1Version: Reference: In Control: Finance 08/09/2017File Created: Final Action: PH Budget 2017-18File Name: Title: PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 Municipal Budget. Notes: Agenda Date: 08/22/2017 Agenda Number: 12. Sponsors: Enactment Date: Memo PH Budget 2017-18.pdf, Public Hearing Budget 17-18 (Paper).pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3508 Title PUBLIC HEARING: To receive public comment concerning the proposed 2017-18 Municipal Budget. Summary See attached memorandum. Fiscal Impact: [ Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3508) Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 22, 2017 Reference: Public Hearing on the proposed 2017-18 Municipal Budget 2030: Sustainable City Government Introduction: Pursuant to the City Charter, a public hearing will be conducted by the City Council of the City of Coppell, Texas, to receive public comment concerning the proposed 2017-18 Municipal Budget. At this hearing taxpayers must have the opportunity to express their views on the proposed budget. Analysis: Pursuant to City Charter, the proposed budget was filed with the City Secretary on August 4, 2017. It is also available for viewing at the William T. Cozby Public Library as well as on the City’s website. The purpose of this agenda item is to hold the required public hearing to receive public input concerning the proposed 2017-18 Municipal budget, which is scheduled to be adopted on September 12, 2017. Legal Review: This agenda item was reviewed by legal during the Council packet review process. Fiscal Impact: Recommendation: MEMORANDUM Date: August 7, 2017 To: Citizens' Advocate From: Cayce Lay, Budget Officer City of Coppell Subject: Notice of Public Hearing Proposed Budget Please publish the following Notice of Public Hearing on August 11, 2017: NOTICE OF PUBLIC HEARING PROPOSED 2017-2018 BUDGET CITY OF COPPELL A PUBLIC HEARING will be conducted by the City Council of the City of Coppell, Texas to receive public comment concerning the Proposed 2017-2018 Budget. The Public Hearing will be held on August 22, 2017 at 7:30 p.m. in Council Chambers at the City Hall, 255 Parkway Boulevard, Coppell, Texas 75019. A copy of the Proposed Budget is on file for public view in the William T. Cozby Public Library. This budget will raise more total property taxes than last year’s budget by $1,650,178 or 4.24%, and of that amount, $911,338 is tax revenue to be raised from new property added to the tax roll this year. Please include our standard Public Notice for ADA Compliance as well. Feel free to contact me if you have any questions or need additional information. I can be reached at (972) 304 -3690. Thank you. Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3515 File ID: Type: Status: 2017-3515 Ordinance Agenda Ready 1Version: Reference: In Control: Finance 08/14/2017File Created: Final Action: Budget Amendment 08-2017File Name: Title: Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2016-1446, the budget for the Fiscal year October 1, 2016 through September 30, 2017, and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 13. Sponsors: Enactment Date: Memo Budget Amendment August 22, 2017.pdf, Budget Amendment August 22, 2017.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3515 Title Consider approval of an Ordinance of the City of Coppell, Texas, approving an amendment to Ordinance No. 2016-1446, the budget for the Fiscal year October 1, 2016 through September 30, 2017, and authorizing the Mayor to sign. Summary This amendment is being brought forward to reflect items that have been brought before Council during the fiscal year that require an amendment to the Budget. The accompanying memorandum provides the details of the amendment. Fiscal Impact: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3515) Staff Recommendation: The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 22, 2017 Reference: Budget Amendment for Fiscal Year 2016-17 2030: Sustainable City Government Introduction: This budget amendment is being brought forward to reflect items that have been brought before Council during the fiscal year that require an amendment to the budget. Analysis: General Fund General Fund revenues are being amended $2,966,148. Tennis Center revenue ($125,000), Building permits ($75,000), Sales Tax Revenue ($1,597,082), Prior year recoveries ($329,476), Interest Earnings ($225,000) and Sale of City Property ($482,205) are the primary sources of the revenue increase. The prior year recovery resulted from when the City put funds into escrow with the Texas Department of Transportation for the 635/Beltline Project. This occurred in 2009 and in 2017, TxDOT refunded to the City the excess of funds that were on deposit. General Fund expenditures are being increased $4,443,364. Of this amount, $3,639,951 is for items identified in designated fund balance. Combined Services is being increased $3,649,886. This is associated with Tyler Software project, ($2,015,783), the transfer to the CRDC for the General Fund portion of the Library and Life Safety Park projects. ($593,178), the Service Center project – Phase II ($826,665), and the Time and Attendance software project ($214,260). Economic Development is being amended $54,000 for the payment of three economic development employment grants. The Community Information Department is being amended $39,838 for expenditures associated with the Coppell Celebrates event. Facilities is being amended ($243,950) for the HVAC replacement at the CORE that was approved in May 2017. The amendment for the Fire Department is for tools and props for the Joint Training Facility ($218,163). The Life Safety Park is in its first year of operation and the initial budget was an estimate. The department is being amended $50,000 to cover the actual costs being incurred. 2 Animal Services is being amended $111,000 due to a change order associated with the renovation project ($12,500), furnishings ($26,000) associated with the renovation, and for the replacement of the existing HVAC units while the building is under contraction ($71,000). Parks is being amended for a vehicle for the crew that was added FY 16 -17. The Recreation Center is being amended ($31,000) for the additional cameras that were added to the facility. $804,413 of the expenditure increase will be provided by undesignated fund balance. Water and Sewer Fund – W/S Infrastructure Maintenance Revenues are being amended for the decrease experienced in Water/Sewer sales. Expenses are being amended in Combined Services for the transfer out for the Water/Sewer portion of the Service Center project. Debt Service is being decreased due to the debt not being issued for the Second Source Pump Station this fiscal year. Utility Operations is being amended for the Inflow and Infiltration repairs approved by Council on July 25, 2017 and August 8, 2017. The expenditures in the IMF fund are for the Manhole Rehabilitation project approved in May 2017. Police Special Revenue Fund Revenues are being amended to reflect forfeitures and grants that have been received. The expenditures are being amended for the Commercial Vehicle Division. Park Special Revenue Fund Revenues are being amended to reflect actual park fees collected. Tree Preservation Fund Revenues are being amended to reflect actual tree reparations collected. Debt Service Fund Revenues are being amended to reflect interest earnings and the refund of bond issuance costs paid in prior years. Infrastructure Maintenance Fund Revenues are being amended for the anticipated increase in sales tax collections and interest earnings. Drainage Utility District Revenues are being amended to reflect the anticipated fees. Expenditures are being amended for the design of the Hunterwood Park bank stabilization. Donations Special Revenue Fund Revenues are being increased to reflect actual amounts collected. Expenditures are being amended for costs associated the Library, the Senior Center, the Tennis Center and Animal Control. Recreation Fund Revenues are being amended to reflect the increase in interest earnings. Expenditures are being amended for the Grapevine Springs Park Creek Dredging project. 3 Red Light Fund Revenues are being amended for the increased interest earnings and insurance proceeds received. Expenditures are being amended for credit card fees. Hotel/Motel Fund Revenues are being amended to reflect actual funds received. Expenditures are being amended for the funds rebated. CRDC Special Revenue Revenues and expenditures are being amended in order to close the fund. Any remaining funds were transferred to CRDC #2. CRDC Debt Service Fund Revenues are being increased to reflect interest earnings. Coppell Economic Development Foundation The revenues are associated with increased interest earnings. Municipal Court Tech Fund The expenditures are being amended for services related to the Coppell Warrant Export project. Municipal Court Judiciary Fund Expenditures are being amended to for items associated with the Judges signing and processing warrants. Crime Control Revenues are being increased for the anticipated increase in sales tax collections. Expenditures are being amended for the transfer to CIP for the Police Department portion of the Life Safety Park construction. CRDC #2 - Special Revenue Revenues are being increased for the anticipated increase in sales tax collections and the transfer in from the General Fund for the Library. Expenditures are associated with the Arts Center and those projects transferred in from CRDC #1. Legal Review: Agenda item was reviewed by legal as part of the agenda packet. Fiscal Impact: Recommendation: The Finance Department recommends approval of this agenda item. 1 ORDINANCE NO. _____________________ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY FOR THE FISCAL YEAR OCTOBER 1, 2016 THROUGH SEPTEMBER 30, 2017; PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR SHALL BE MADE IN ACCORDANCE WITH SAID BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Budget Officer of the City of Coppell, Texas, did on the 5th day of August, 2016, file with the City Secretary, a proposed general budget for the City covering the fiscal year aforesaid, and WHEREAS, the City Council of the City of Coppell approved said budget on the 13th day of September, 2016, and WHEREAS, the governing body of the City has this date considered an amendment to said budget; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section No. 2 of Ordinance No. 2016-1446, for the 2016-17 Fiscal Year Budget, is hereby amended as follows: General Fund Current Budget Amending Budget Change Revenues $59,190,773 $62,156,921 $ 2,966,148 Expenditures Combined Services $4,519,998 $8,169,885 $ 3,649,886 Economic Development 366,960 420,960 54,000 Community Information 605,536 645,374 39,838 Facilities 3,083,550 3,327,500 243,950 Fire 11,859,323 12,077,486 218,163 Life Safety Park 251,107 301,107 50,000 Animal Services 966,971 1,107,971 111,000 Parks 4,121,262 4,167,789 46,527 Recreation 2,468,380 2,499,380 31,000 Total Expenditures $ 4,444,364 Decrease in Designated Fund Balance (3,639,951) Net Expenditure Increase 804,413 Net Increase in Undesignated Fund Balance $ 2,161,735 Water/Sewer Fund Current Budget Amending Budget Change Revenues $18,556,914 $16,627,410 $(1,853,404) Expenses Combined Services 2,332,898 2,957,898 625,000 Debt Service 1,282,433 365,386 (917,046) Utility Operations 3,941,501 5,006,820 1,065,319 Net Expenditure Increase 773,272 Net Decrease in Projected Retained Earnings $ 2,626,676 Police Spec. Rev. Fund Current Budget Amending Budget Change Revenues $ 40,776 $ 51,464 $10,688 Expenditures 156,800 236,975 80,175 Net Decrease in Projected Fund Balance $ 69,487 2 Parks Special Revenue Current Budget Amending Budget Change Revenues $1,000 $2,485 $ 1,485 Net Increase in Projected Fund Balance $ 1,485 Tree Preservation Current Budget Amending Budget Change Revenues $13,850 $25,910 $12,060 Net Increase in Projected Fund Balance $12,060 Debt Service Fund Current Budget Amending Budget Change Revenues $9,183,408 $9,207,748 $24,340 Net Increase in Projected Fund Balance $24,340 Infrastructure Maint. Fund Current Budget Amending Budget Change Revenues $7,350,500 $7,630,500 $280,000 Net Increase in Projected Fund Balance $280,000 W/S Infrastructure Maint Current Budget Amending Budget Change Expenditures $45,000 $265,000 $ 220,000 Net Decrease in Projected Retained Earnings $220,000 Municipal Drainage Dist Current Budget Amending Budget Change Revenues $231,000 $255,000 $ 24,000 Expenditures 566,777 740,763 173,986 Net Decrease in Projected Fund Balance $149,986 Donations Spec. Rev. Fund Current Budget Amending Budget Change Revenues $ 40,051 $ 66,676 $ 26,625 Expenditures 7,500 9,400 1,900 Net Increase in Projected Fund Balance $ 24,725 Recreational Fund Current Budget Amending Budget Change Revenues $-0- $1,000 $ 1,000 Expenditures 276,682 284,428 7,746 Net Decrease in Projected Fund Balance $ 6,746 Red Light Fund Current Budget Amending Budget Change Revenues $351,000 $368,823 $17,823 Expenditures 309,117 312,117 3,000 Net Increase in Projected Fund Balance $14,823 Hotel/Motel Fund Current Budget Amending Budget Change Revenues $-0- $150,000 $150,000 Expenditures -0- 71,000 71,000 Net Increase in Projected Fund Balance $ 79,000 CRDC Special Revenue Current Budget Amending Budget Change Revenues $-0- $232 $ 232 Expenditures 800 62,265 61,465 Net Decrease in Projected Fund Balance $61,233 3 CRDC Debt Service Fund Current Budget Amending Budget Change Revenues $1,955,219 $1,957,969 $2,750 Net Increase in Projected Fund Balance $2,750 Municipal Court Tech Current Budget Amending Budget Change Expenditures $38,853 $55,070 $16,217 Net Decrease in Projected Fund Balance $16,217 CEDF Fund Current Budget Amending Budget Change Revenues $-0- $600 $ 600 Net Increase in Projected Fund Balance $ 600 Municipal Court Judicial Current Budget Amending Budget Change Expenditures $2,500 $9,500 $ 7,000 Net Decrease in Projected Fund Balance $ 7,000 Crime Prevention Current Budget Amending Budget Change Revenues $4,742,500 $4,995,000 $252,500 Expenditures 6,386,777 6,663,565 276,788 Net Decrease in Projected Fund Balance $ 24,288 CRDC Special #2 Current Budget Amending Budget Change Revenues $9,209,180 $9,941,813 $ 732,633 Expenditures 4,811,289 5,668,747 857,458 Net Decrease in Projected Fund Balance $ 124,825 SECTION 2. EFFECTIVE DATE. That this ordinance shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED and adopted by the City Council of the City of Coppell, Texas, on the 22nd day of August 2017. APPROVED: ______________________________ KAREN SELBO HUNT, MAYOR ATTEST: ____________________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: _____________________________________ CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3519 File ID: Type: Status: 2017-3519 Ordinance Agenda Ready 1Version: Reference: In Control: Engineering 08/14/2017File Created: Final Action: Small Cell ORDFile Name: Title: Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 6, “Business Regulations”, Article 6-14, “Certain Uses of the Public Right-of-Way”, to Provide Regulations Consistent with the State Law Related to the Installation of Network Nodes in Public Right-of-Way by Network Providers; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 14. Sponsors: Enactment Date: Small Cell Ord Adopt Memo.pdf, Small Cell ORD.pdf, Small Cell ORD Full Text.pdf, Small Cell ORD Summary.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3519 Title Consider approval of an ordinance amending the Code of Ordinances by amending Chapter 6, “Business Regulations”, Article 6-14, “Certain Uses of the Public Right-of-Way”, to Provide Regulations Consistent with the State Law Related to the Installation of Network Nodes in Public Right-of-Way by Network Providers; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3519) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Amendments to Chapter 6 of Coppell Code of Ordinances pursuant to Chapter 284 of the Texas Local Government Code 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Senate Bill (SB) 1004 adopts a new Chapter 284 of the Local Government Code.  SB 1004 has an effective date of September 1, 2017.  The provisions of Chapter 284 relate to installation of network nodes and node support poles in the public right-of-way.  Local governments may designate historic districts and design districts with criteria for design or concealment.  Chapter 284 provides for restrictions on installation of new poles in residential areas and parks, and discourages nodes in those areas.  Cities may require a permit for installation of network nodes and poles.  Permit and use fees are limited or capped.  Staff presented a work session briefing on the issues related to this item during the August 8th Town Council Meeting. Introduction: Staff will provide a briefing on the content of SB 1004, which adopts a new Chapter 284 of the Local Government Code. This item proposes changes to the right-of-way management provisions of the city’s Code of Ordinances to ensure that it is in compliance with the new Chapter 284. A companion agenda item presents a new Design Manual for the Installation of Network Nodes and Node Support Poles for adoption. Finally, an amendment to the City’s Master Fee Schedule is also proposed to adopt fees associated with permitting, reviewing and inspecting applications submitted under Chapter 284. 2 Analysis: Senate Bill (SB) 1004 adopts a new Chapter 284 of the Texas Local Government Code. The provisions relate to installation of network nodes and node support poles in the public right-of-way (full text and summary of SB 1004 are attached). Key elements of Chapter 284 relate to: size limits for network nodes; restrictions on exclusive right-of-way use agreements; rates for permitting and use (nodes and poles); collocation on service poles; right-of-way access rights; construction and maintenance; location and height new poles; restrictions on installation of new poles in parks or along residential streets; design or concealment of new network nodes or new poles in a historic district or design district that contains decorative poles; cabinet size; compliance with undergrounding requirements; compliance with design manual; applications, permits and related processes; access to city-owned and other existing poles; and interference. The city must adopt right-of-way management ordinance provisions that are compliant with Chapter 284 in order to apply those provisions (definitions, size limitations, permit fees/process, etc.) to applications that are made under Chapter 284. This item proposes amendments to Chapter 6 of the Code of Ordinances to satisfy that requirement. Companion agenda items are also being presented to adopt a Design Manual and adopt fees for permitting and operation as allowed in Chapter 284. This schedule is necessary to ensure regulations are in place prior to the September 1, 2017 effective date. Legal Review: The City Attorney drafted the proposed ordinance. Fiscal Impact: There is no fiscal impact for this item. Recommendation: The Engineering Department recommends approval of the proposed ordinance. TM 89172 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6, “BUSINESS REGULATIONS”, ARTICLE 6-14, “CERTAIN USES OF PUBLIC RIGHT-OF-WAY”, TO PROVIDE REGULATIONS CONCERNING INSTALLATION OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY BY NETWORK PROVIDERS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Coppell finds that it is authorized as a home-rule city to adopt regulations applicable to the installation of wireless network nodes and related equipment in the City’s rights-of-way by Network Providers; and WHEREAS, the City Council for the City of Coppell finds that it is in the best interest of the city to amend its code of ordinances to provide revisions applicable to the use of the City’s public right- of-way. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Code of Ordinances of the City of Coppell, Texas is amended by amending Chapter 6, “Business Regulations”, amending Article 6-14, “Certain Uses of Public Rights-of-Way”, to read as follows: “ARTICLE 6-14. CERTAIN USES OF PUBLIC RIGHTS-OF-WAY Sec. 6-14-1. Definitions. Backfill means . . . . Network node means equipment at a fixed location that enables wireless communications between user equipment and a communication network. Network Provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs, on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. Project means . . . . TM 89172 Provider means a person, including any certificated telecommunications utility and excluding Network Providers, as defined herein, that delivers telecommunications service within the city to person(s) by way of a network and that places facilities in, on or over the public rights-of-way. A provider does not include persons who are authorized by the city to occupy the public rights-of- way in specifically approved routes within the city, unless they also have a municipal consent under this chapter. To the extent allowed by law, provider also means a person that does not deliver telecommunications service within the city, but who uses, constructs or maintains facilities or transmission media within the public rights-of-way. Public Rights of Way means . . . . Transport Facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of wi-fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless services to the public. . . . . Sec. 6-14-5. – Permit required; exceptions; conditions; denial and revocation. A. A person shall. . . . C. A permit is not required under subsection A if the activity in the public right-of-way consists exclusively of: (1) A connection of real property . . . . . . . . (3) Installation of Network Nodes and related equipment, provided such equipment is installed pursuant to Chapter 284 of the Local Government Code and Section 6-14-15, “Certified Telecommunication Providers and Network Providers,” of this Chapter. D. The following procedures . . . Sec. 6-14-6. – Insurance and indemnity requirements; exceptions. . . . . (F) A person that is a certificated telecommunications provider as defined in Chapter 283 of the Texas Local Government Code, or a network provider as defined in Chapter 284 of the Local Government Code, as amended, shall provide to the city the indemnity provided in Section 283.057, Texas Local Government Code, as amended. TM 89172 . . . . Section 6-14-15. Certified Telecommunication Providers and Network Providers. A. Authority required/nonexclusive use. All CTPs must provide evidence that the CTP has acquired authorization from the PUC pursuant to state law, prior to obtaining a permit to use public right-of-way. The right to use and occupy the public right-of-way shall not be exclusive, and the city shall have the right to exercise its police powers and manage its public right-of-way, based on all other state or federal laws. B. Permit for Installation of Wireless Facilities. A Network Provider may not install network nodes or node support equipment in any public right-of-way until a permit to do so has been issued by the City. C. Prohibited or Restricted Areas for Wireless Facilities in the Right-of-Way. A Network Provider may not install a new Node Support Pole in a Municipal Park, unless permission is given by the City Manager; or in a right-of-way that contains a street that is equal to or less than 50 feet wide, measuring curb-to-curb, and is adjacent to developed or undeveloped single-family residential lots, other multifamily residential area or land that is designated for residential use by zoning or deed restrictions. D. A CTP and network provider shall notify the right-of-way manager of any sale, transfer, merger or assignment of the ownership or control of a CTP’s or Network Provider’s business within 30 days of such sale, transfer, merger or assignment. A CTP or Network Provider shall also maintain and provide current point-of-contact information with the right-of-way manager at all times during which the CTP or Network Provider uses the right-of-way. E. Fees 1. CTPs and Network Providers are exempted from the following fees provided for in this article: a. Permit application fee, including expedited application fee and permit expiration fee; b. Additional permit fee; c. Registration fee. 2. Network Provider Fees a. 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 the City’s Master 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. TM 89172 The Initial Annual Network Node Payment shall be pro-rated for the months remaining in the calendar year after the permit issuance date. b. 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. c. 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. d. Annual Colocation on Service Pole Attachment fee. Network Provider shall pay the City annually $20 for each Network Node Permitted to be colocated on a City Service Pole for each Location for which Network Provider has obtained Permit(s) to co-locate a Network Node on a Service Pole, regardless of whether or not a Network Provider colocates a Network Node on a Service Pole. This fee is due 30 days after Network Provider obtains a Permit to install or colocate a Network Node at the Location. The Initial Annual Colocation 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 Colocation 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. e. Monthly Transport Fee. To the extent 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 Master Fee Schedule, 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 Ch. 284, Section 284.053. f. 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. F. Compliance with Design Manual. A network provider shall comply with the city Design Manual for the Installation of Network Nodes and Node Support Poles, as amended. G. Certificates of Operation 1. As part of the application process for the installation of network nodes, the Network Provider must certify that the proposed network node will be placed into active commercial service TM 89172 by or for a network provider no later than the 60th day after the date the construction and final testing of the network node is completed. 2. An updated certification of active service must be submitted annually, by no later than December 31st, with or prior to payment of the applicable annual fee(s). 3. If the Network Provider is not in active commercial service for a period in excess of sixty (60) consecutive days, the equipment will be deemed abandoned and the permit will be revoked. The network provider will be required, within ninety (90) days from notification from the City, to remove the equipment at the network provider’s sole expense.” H. Review Process 1. No later than the 30th business day after the date the city receives an application for a permit for a network node or node support pole, or the 10th business day after the date the city receives an application for a permit for a transport facility, the city shall determine whether the application is complete and notify the applicant of that determination. If the city determines that the application is not complete, the city shall identify the missing information. 2. The city will approve or deny an application for a node support pole not later than the 150th business day after the date the city receives a complete application. The city will approve or deny an application for a network node not later than 60th business day after the date the city receives a complete application. The city will approve or deny an application for a transport facility not later than 21st business day after the date the city receives a complete application. 3. Not later than the 30th business day after the date the city denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the municipality. After the applicant resubmits the application, the city will approve or deny the resubmitted application not later than the 90th business day after the date the city receives the completed application. The city’s review of the resubmitted application will be limited to the deficiencies cited in the denial documentation. 4. Business day means Monday through Friday, excepting local, state or federal holidays.” SECTION 2. That all provisions of the ordinances of the City of Coppell in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. TM 89172 SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, on the __________ day of ___________________, 2017. APPROVED: _________________________________ MAYOR ATTEST: __________________________________ CITY SECRETARY APPROVED AS TO FORM: _________________________________ CITY ATTORNEY S.B.ANo.A1004 AN ACT relating to the deployment of network nodes in public right-of-way; authorizing fees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA1.AASubtitle A, Title 9, Local Government Code, is amended by adding Chapter 284 to read as follows: CHAPTER 284. DEPLOYMENT OF NETWORK NODES IN PUBLIC RIGHT-OF-WAY SUBCHAPTER A. GENERAL PROVISIONS Sec.A284.001.AAFINDINGS AND POLICY. (a)AAThe legislature finds that: (1)AAnetwork nodes are instrumental to increasing access to advanced technology and information for the citizens of this state and thereby further an important public policy of having reliable wireless networks and services; (2)AAthis state has delegated to each municipality the fiduciary duty, as a trustee, to manage the public right-of-way for the health, safety, and welfare of the public, subject to state law; (3)AAnetwork nodes often may be deployed most effectively in the public right-of-way; (4)AAnetwork providers ’access to the public right-of-way and the ability to attach network nodes to poles and structures in the public right-of-way allow network providers to densify their networks and provide next-generation services; (5)AAexpeditious processes and reasonable and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 nondiscriminatory terms, conditions, and compensation for use of the public right-of-way for network node deployments are essential to state-of-the-art wireless services and thereby further an important public policy of having reliable wireless networks and services; (6)AAnetwork nodes help ensure that this state remains competitive in the global economy; (7)AAthe timely permitting of network nodes in the public right-of-way is a matter of statewide concern and interest; (8)AArequirements of this chapter regarding fees, charges, rates, and public right-of-way management, when considered with fees charged to other public right-of-way users under this code, are fair and reasonable and in compliance with 47 U.S.C. Section 253; (9)AAto the extent this state has delegated its fiduciary responsibility to municipalities as managers of a valuable public asset, the public right-of-way, this state is acting in its role as a landowner in balancing the needs of the public and the needs of the network providers by allowing access to the public right-of-way to place network nodes in the public right-of-way strictly within the terms of this chapter; and (10)AAas to each municipality, including home-rule municipalities, this state has determined that it is reasonable and necessary to allow access to the public right-of-way for the purposes of deploying network nodes to protect and safeguard the health, safety, and welfare of the public as provided by this chapter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 2 (b)AAIn order to safeguard the health, safety, and welfare of the public, it is the policy of this state to promote the adoption of and encourage competition in the provision of wireless services by reducing the barriers to entry for providers of services so that the number and types of services offered by providers continue to increase through competition. (c)AAIt is the policy of this state, subject to state law and strictly within the requirements and limitations prescribed by this chapter, that municipalities: (1)AAretain the authority to manage the public right-of-way to ensure the health, safety, and welfare of the public; and (2)AAreceive from network providers fair and reasonable compensation for use of the public right-of-way and for collocation on poles. Sec.A284.002.AADEFINITIONS. In this chapter: (1)AA"Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2)AA"Applicable codes" means: (A)AAuniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B)AAlocal amendments to those codes to the extent not inconsistent with this chapter. (3)AA"Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 3 replacement of network nodes in a public right-of-way on or adjacent to a pole. (4)AA"Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. (5)AA"Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (6)AA"Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. (7)AA"Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. (8)AA"Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas. (9)AA"Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. (10)AA"Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 4 Section 11.003, Utilities Code, and located in a public right-of-way. (11)AA"Municipal park" means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. (12)AA"Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A)AAincludes: (i)AAequipment associated with wireless communications; (ii)AAa radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii)AAcoaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B)AAdoes not include: (i)AAan electric generator; (ii)AAa pole; or (iii)AAa macro tower. (13)AA"Network provider" means: (A)AAa wireless service provider; or (B)AAa person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i)AAnetwork nodes; or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 5 (ii)AAnode support poles or any other structure that supports or is capable of supporting a network node. (14)AA"Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node. (15)AA"Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. (16)AA"Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole. (17)AA"Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. (18)AA"Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A)AAa private easement; or (B)AAthe airwaves above a public right-of-way with regard to wireless telecommunications. (19)AA"Public right-of-way management ordinance" means an ordinance that complies with Subchapter C. (20)AA"Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 6 public right-of-way in the municipality. (21)AA"Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A)AAa pole that supports traffic control functions; (B)AAa structure for signage; (C)AAa pole that supports lighting, other than a decorative pole; and (D)AAa pole or similar structure owned or operated by a municipality and supporting only network nodes. (22)AA"Transport facility" means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. (23)AA"Utility pole" means a pole that provides: (A)AAelectric distribution with a voltage rating of not more than 34.5 kilovolts; or (B)AAservices of a telecommunications provider, as defined by Section 51.002, Utilities Code. (24)AA"Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. (25)AA"Wireless service provider" means a person that provides wireless service to the public. Sec.A284.003.AALIMITATION ON SIZE OF NETWORK NODES. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 7 (a)AAExcept as provided by Section 284.109, a network node to which this chapter applies must conform to the following conditions: (1)AAeach antenna that does not have exposed elements and is attached to an existing structure or pole: (A)AAmust be located inside an enclosure of not more than six cubic feet in volume; (B)AAmay not exceed a height of three feet above the existing structure or pole; and (C)AAmay not protrude from the outer circumference of the existing structure or pole by more than two feet; (2)AAif an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna ’s exposed elements: (A)AAmust fit within an imaginary enclosure of not more than six cubic feet; (B)AAmay not exceed a height of three feet above the existing structure or pole; and (C)AAmay not protrude from the outer circumference of the existing structure or pole by more than two feet; (3)AAthe cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: (A)AAbe more than 28 cubic feet in volume; or (B)AAprotrude from the outer circumference of the existing structure or pole by more than two feet; (4)AAground-based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 8 three feet six inches, or deeper than three feet six inches; and (5)AApole-mounted enclosures may not be taller than five feet. (b)AAThe following types of associated ancillary equipment are not included in the calculation of equipment volume under Subsection (a): (1)AAelectric meters; (2)AAconcealment elements; (3)AAtelecommunications demarcation boxes; (4)AAgrounding equipment; (5)AApower transfer switches; (6)AAcut-off switches; and (7)AAvertical cable runs for the connection of power and other services. (c)AAEquipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (d)AAEquipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner ’s construction standards. SUBCHAPTER B. USE OF PUBLIC RIGHT-OF-WAY Sec.A284.051.AAAPPLICABILITY OF SUBCHAPTER. This subchapter applies only to activities related to transport facilities for network nodes, activities of a network provider collocating network nodes in the public right-of-way or installing, constructing, operating, modifying, replacing, and maintaining node support 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 9 poles in a public right-of-way, and municipal authority in relation to those activities. Sec.A284.052.AAEXCLUSIVE USE PROHIBITED. A municipality may not enter into an exclusive arrangement with any person for use of the public right-of-way for the construction, operation, marketing, or maintenance of network nodes or node support poles. Sec.A284.053.AAANNUAL PUBLIC RIGHT-OF-WAY RATE. (a)AAA public right-of-way rate for use of the public right-of-way may not exceed an annual amount equal to $250 multiplied by the number of network nodes installed in the public right-of-way in the municipality ’s corporate boundaries. (b)AAAt the municipality ’s discretion, the municipality may charge a network provider a lower rate or fee if the lower rate or fee is: (1)AAnondiscriminatory; (2)AArelated to the use of the public right-of-way; and (3)AAnot a prohibited gift of public property. Sec.A284.054.AAPUBLIC RIGHT-OF-WAY RATE ADJUSTMENT. (a)AAIn this section, "consumer price index" means the annual revised Consumer Price Index for All Urban Consumers for Texas, as published by the federal Bureau of Labor Statistics. (b)AAA municipality may adjust the amount of the public right-of-way rate not more often than annually by an amount equal to one-half the annual change, if any, in the consumer price index. The municipality 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 10 that notice. Sec.A284.055.AAUSE OF PUBLIC RIGHT-OF-WAY AND APPLICABLE RATE. (a)AAA network provider that wants to connect a network node to the network using the public right-of-way may: (1)AAinstall its own transport facilities subject to Subsection (b); or (2)AAobtain transport service from a person that is paying municipal fees to occupy the public right-of-way that are the equivalent of not less than $28 per node per month. (b)AAA network provider may not install its own transport facilities unless the provider: (1)AAhas a permit to use the public right-of-way; and (2)AApays to the municipality a monthly public right-of-way rate for transport facilities in an amount equal to $28 multiplied by the number of the network provider ’s network nodes located in the public right-of-way for which the installed transport facilities provide backhaul unless or until the time the network provider ’s payment of municipal fees to the municipality exceeds its monthly aggregate per-node compensation to the municipality. (c)AAA public right-of-way rate required by Subsection (b) is in addition to any public right-of-way rate required by Section 284.053. Sec.A284.056.AACOLLOCATION OF NETWORK NODES ON SERVICE POLES. A municipality, subject to an agreement with the municipality that does not conflict with this chapter, shall allow collocation of network nodes on service poles on nondiscriminatory 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 11 terms and conditions and at a rate not greater than $20 per year per service pole. Sec.A284.057.AAPROHIBITION ON OTHER COMPENSATION. A municipality may not require a network provider to pay any compensation other than the compensation authorized by this chapter for the right to use a public right-of-way for network nodes, node support poles, or transport facilities for network nodes. SUBCHAPTER C. ACCESS AND APPROVALS Sec.A284.101.AARIGHT OF ACCESS TO PUBLIC RIGHT-OF-WAY. (a)AAExcept as specifically provided by this chapter, and subject to the requirements of this chapter and the approval of a permit application, if required, a network provider is authorized, as a permitted use, without need for a special use permit or similar zoning review and not subject to further land use approval, to do the following in the public right-of-way: (1)AAconstruct, modify, maintain, operate, relocate, and remove a network node or node support pole; (2)AAmodify or replace a utility pole or node support pole; and (3)AAcollocate on a pole, subject to an agreement with the municipality that does not conflict with this chapter. (b)AAA network provider taking an action authorized by Subsection (a) is subject to applicable codes, including applicable public right-of-way management ordinances. Sec.A284.102.AAGENERAL CONSTRUCTION AND MAINTENANCE REQUIREMENTS. A network provider shall construct and maintain network nodes and node support poles described by Section 284.101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 12 in a manner that does not: (1)AAobstruct, impede, or hinder the usual travel or public safety on a public right-of-way; (2)AAobstruct the legal use of a public right-of-way by other utility providers; (3)AAviolate nondiscriminatory applicable codes; (4)AAviolate or conflict with the municipality ’s publicly disclosed public right-of-way design specifications; or (5)AAviolate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). Sec.A284.103.AAGENERAL LIMITATION ON PLACEMENT OF POLES. A network provider shall ensure that each new, modified, or replacement utility pole or node support pole installed in a public right-of-way in relation to which the network provider received approval of a permit application does not exceed the lesser of: (1)AA10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2)AA55 feet above ground level. Sec.A284.104.AAINSTALLATION IN MUNICIPAL PARKS AND RESIDENTIAL AREAS. (a)AAA network provider may not install a new node support pole in a public right-of-way without the municipality ’s discretionary, nondiscriminatory, and written consent if the public right-of-way is in a municipal park or is adjacent to a street or thoroughfare that is: (1)AAnot more than 50 feet wide; and (2)AAadjacent to single-family residential lots or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 13 other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. (b)AAIn addition to the requirement prescribed by Subsection (a), a network provider installing a network node or node support pole in a public right-of-way described by Subsection (a) shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Sec.A284.105.AAINSTALLATION IN HISTORIC OR DESIGN DISTRICTS. (a)AAA network provider must obtain advance approval from a municipality before collocating new network nodes or installing new node support poles in an area of the municipality zoned or otherwise designated as a historic district or as a design district if the district has decorative poles. As a condition for approval of new network nodes or new node support poles in a historic district or a design district with decorative poles, a municipality may require reasonable design or concealment measures for the new network nodes or new node support poles. A municipality may request that a network provider comply with the design and aesthetic standards of the historic or design district and explore the feasibility of using certain camouflage measures to improve the aesthetics of the new network nodes, new node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in a historic district or on a design district ’s decorative poles. (b)AAThis section may not be construed to limit a municipality ’s authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 14 authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws. Sec.A284.106.AAEQUIPMENT CABINETS. A network provider shall ensure that the vertical height of an equipment cabinet installed as part of a network node does not exceed the height limitation prescribed by Section 284.003, subject to approval of the pole ’s owner if applicable. Sec.A284.107.AACOMPLIANCE WITH UNDERGROUNDING REQUIREMENT. (a)AAA network provider shall, in relation to installation for which the municipality approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. (b)AAA requirement or restriction described by Subsection (a) may not be interpreted to prohibit a network provider from replacing an existing structure. Sec.A284.108.AADESIGN MANUAL. (a)AAA municipality may adopt a design manual for the installation and construction of network nodes and new node support poles in the public right-of-way that includes additional installation and construction details that do not conflict with this chapter. The design manual may include: (1)AAa requirement that an industry standard pole load 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 15 analysis be completed and submitted to the municipality indicating that the service pole to which the network node is to be attached will safely support the load; and (2)AAa requirement that network node equipment placed on new and existing poles be placed more than eight feet above ground level. (b)AAA network provider shall comply with a design manual, if any, in place on the date a permit application is filed in relation to work for which the municipality approved the permit application. A municipality ’s obligations under Section 284.154 may not be tolled or extended pending the adoption or modification of a design manual. Sec.A284.109.AAEXCEPTIONS. Subject to Subchapter D, a network provider may construct, modify, or maintain in a public right-of-way a network node or node support pole that exceeds the height or distance limitations prescribed by this chapter only if the municipality approves the construction, modification, or maintenance subject to all applicable zoning or land use regulations and applicable codes. Sec.A284.110.AADISCRIMINATION PROHIBITED. A municipality, in the exercise of the municipality ’s administrative and regulatory authority related to the management of and access to the public right-of-way, must be competitively neutral with regard to other users of the public right-of-way. SUBCHAPTER D. APPLICATIONS AND PERMITS Sec.A284.151.AAPROHIBITION OF CERTAIN MUNICIPAL ACTIONS. (a)AAExcept as otherwise provided by this chapter, a municipality 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 16 may not prohibit, regulate, or charge for the installation or collocation of network nodes in a public right-of-way. (b)AAA municipality may not directly or indirectly require, as a condition for issuing a permit required under this chapter, that the applicant perform services unrelated to the installation or collocation for which the permit is sought, including in-kind contributions such as reserving fiber, conduit, or pole space for the municipality. (c)AAA municipality may not institute a moratorium, in whole or in part, express or de facto, on: (1)AAfiling, receiving, or processing applications; or (2)AAissuing permits or other approvals, if any, for the installation of network nodes or node support poles. Sec.A284.152.AAAUTHORITY TO REQUIRE PERMIT. (a)AAExcept as otherwise provided by this chapter, a municipality may require a network provider to obtain one or more permits to install a network node, node support pole, or transport facility in a public right-of-way if the permit: (1)AAis of general applicability to users of the public right-of-way; (2)AAdoes not apply exclusively to network nodes; and (3)AAis processed on nondiscriminatory terms and conditions regardless of the type of entity submitting the application for the permit. (b)AAA network provider that wants to install or collocate multiple network nodes inside the territorial jurisdiction of a single municipality is entitled to file a consolidated permit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 17 application with the municipality for not more than 30 network nodes and receive permits for the installation or collocation of those network nodes. Sec.A284.153.AAGENERAL PROCESS RELATING TO PERMIT APPLICATION. (a)AAExcept as otherwise provided by this section, a municipality may not require an applicant to provide more information to obtain the permit than a telecommunications utility that is not a network provider is required to provide unless the information directly relates to the requirements of this chapter. (b)AAAs part of the standard form for a permit application, a municipality may require the applicant to include applicable construction and engineering drawings and information to confirm that the applicant will comply with the municipality ’s publicly disclosed public right-of-way design specifications and applicable codes. (c)AAA municipality may require an applicant to provide: (1)AAinformation reasonably related to the provider ’s use of the public right-of-way under this chapter to ensure compliance with this chapter; (2)AAa certificate that the network node complies with applicable regulations of the Federal Communications Commission; and (3)AAcertification that the proposed network node will be placed into active commercial service by or for a network provider not later than the 60th day after the date the construction and final testing of the network node is completed. Sec.A284.154.AAMUNICIPAL REVIEW PROCESS. (a)AAA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 18 municipality shall process each permit application on a nondiscriminatory basis. (b)AANot later than the 30th day after the date the municipality receives an application for a permit for a network node or node support pole, or the 10th day after the date the municipality receives an application for a permit for a transport facility, the municipality shall determine whether the application is complete and notify the applicant of that determination. If the municipality determines that the application is not complete, the municipality shall specifically identify the missing information. (c)AAA municipality shall approve an application that does not require zoning or land use approval under this chapter unless the application or the corresponding work to be performed under the permit does not comply with the municipality ’s applicable codes or other municipal rules, regulations, or other law that is consistent with this chapter. (d)AAA municipality must approve or deny an application for a node support pole not later than the 150th day after the date the municipality receives the complete application. A municipality must approve or deny an application for a network node not later than the 60th day after the date the municipality receives the complete application. A municipality must approve or deny an application for a transport facility not later than the 21st day after the date the municipality receives a complete application. An application for a permit for a node support pole, network node, or transport facility shall be deemed approved if the application is not approved or denied on or before the applicable date for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 19 approval or denial prescribed by this subsection. (e)AAA municipality that denies a complete application must document the basis for the denial, including the specific applicable code provisions or other municipal rules, regulations, or other law on which the denial was based. The municipality shall send the documentation by electronic mail to the applicant on or before the date the municipality denies the application. (f)AANot later than the 30th day after the date the municipality denies the application, the applicant may cure the deficiencies identified in the denial documentation and resubmit the application without paying an additional application fee, other than a fee for actual costs incurred by the municipality. Notwithstanding Subsection (d), the municipality shall approve or deny the revised completed application after a denial not later than the 90th day after the date the municipality receives the completed revised application. The municipality ’s review of the revised application is limited to the deficiencies cited in the denial documentation. Sec.A284.155.AATIME OF INSTALLATION. (a)AAA network provider shall begin the installation for which a permit is granted not later than six months after final approval and shall diligently pursue the installation to completion. (b)AANotwithstanding Subsection (a), the municipality may place a longer time limit on completion or grant reasonable extensions of time as requested by the network provider. Sec.A284.156.AAAPPLICATION FEES. (a)AAA municipality may charge an application fee for a permit only if the municipality 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 20 requires the payment of the fee for similar types of commercial development inside the municipality ’s territorial jurisdiction other than a type for which application or permit fees are not allowed by law. (b)AAThe amount of an application fee charged by a municipality may not exceed the lesser of: (1)AAthe actual, direct, and reasonable costs the municipality 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; or (2)AA$500 per application covering up to five network nodes, $250 for each additional network node per application, and $1,000 per application for each pole. (c)AAIn determining for purposes of Subsection (b)(1) the amount of the actual, direct, and reasonable costs, the municipality may not: (1)AAinclude costs incurred by the municipality in relation to third-party legal or engineering review of an application; or (2)AAdirect payments or reimbursement of third-party public right-of-way rates or fees charged on a contingency basis or under a result-based arrangement. Sec.A284.157.AA CERTAIN WORK EXEMPTED. (a)AANotwithstanding any other provision of this chapter, a municipality may not require a network provider to submit an application, obtain a permit, or pay a rate for: (1)AAroutine maintenance that does not require 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 21 excavation or closing of sidewalks or vehicular lanes in a public right-of-way; (2)AAreplacing or upgrading a network node or pole with a node or pole that is substantially similar in size or smaller and that does not require excavation or closing of sidewalks or vehicular lanes in a public right-of-way; or (3)AAthe installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with the National Electrical Safety Code. (b)AAFor purposes of Subsection (a)(2): (1)AAa network node or pole is considered to be "substantially similar" if: (A)AAthe new or upgraded network node, including the antenna or other equipment element, will not be more than 10 percent larger than the existing node, provided that the increase may not result in the node exceeding the size limitations provided by Section 284.003; and (B)AAthe new or upgraded pole will not be more than 10 percent higher than the existing pole, provided that the increase may not result in the pole exceeding the applicable height limitations prescribed by Section 284.103; (2)AAthe replacement or upgrade does not include replacement of an existing node support pole; and (3)AAthe replacement or upgrade does not defeat existing concealment elements of a node support pole. (c)AAThe determination under Subsection (b)(1) of whether a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 22 replacement or upgrade is substantially similar is made by measuring from the dimensions of the network node or node support pole as approved by the municipality. (d)AANotwithstanding Subsection (a): (1)AAa municipality may require advance notice of work described by that subsection; (2)AAa network provider may replace or upgrade a pole only with the approval of the pole ’s owner; and (3)AAthe size limitations may not in any event exceed the parameters prescribed by Section 284.003 without the municipality ’s approval in accordance with Section 284.109, with the municipality acting on behalf of this state as the fiduciary trustee of public property. SUBCHAPTER E. ACCESS TO MUNICIPALLY OWNED UTILITY POLES Sec.A284.201.AAUSE OF MUNICIPALLY OWNED UTILITY POLES. (a)AAThe governing body of a municipally owned utility shall allow collocation of network nodes on municipally owned utility poles on nondiscriminatory terms and conditions and pursuant to a negotiated pole attachment agreement, including any applicable permitting requirements of the municipally owned utility. (b)AAThe annual pole attachment rate for the collocation of a network node supported by or installed on a municipally owned utility pole shall be based on a pole attachment rate consistent with Section 54.204, Utilities Code, applied on a per-foot basis. (c)AAThe requirements of Subchapters B, C, and D applicable to the installation of a network node supported by or installed on a pole do not apply to a network node supported by or installed on a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 23 municipally owned utility pole. SUBCHAPTER F. EFFECT ON OTHER UTILITIES AND PROVIDERS Sec.A284.251.AADEFINITIONS. In this subchapter: (1)AA"Cable service" and "video service" have the meanings assigned by Section 66.002, Utilities Code. (2)AA"Electric cooperative" has the meaning assigned by Section 11.003, Utilities Code. (3)AA"Electric utility" has the meaning assigned by Section 31.002, Utilities Code. (4)AA"Telecommunications provider" has the meaning assigned by Section 51.002, Utilities Code. (5)AA"Telephone cooperative" has the meaning assigned by Section 162.003, Utilities Code. Sec.A284.252.AAEFFECT ON INVESTOR-OWNED ELECTRIC UTILITIES, ELECTRIC COOPERATIVES, TELEPHONE COOPERATIVES, AND TELECOMMUNICATIONS PROVIDERS. Nothing in this chapter shall govern attachment of network nodes on poles and other structures owned or operated by investor-owned electric utilities, electric cooperatives, telephone cooperatives, or telecommunications providers. This chapter does not confer on municipalities any new authority over those utilities, cooperatives, or providers. Sec.A284.253.AAEFFECT ON PROVIDERS OF CABLE SERVICES OR VIDEO SERVICES. (a)AAAn approval for the installation, placement, maintenance, or operation of a network node or transport facility under this chapter may not be construed to confer authorization to provide: (1)AAcable service or video service without complying 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 24 with all terms of Chapter 66, Utilities Code; or (2)AAinformation service as defined by 47 U.S.C. Section 153(24), or telecommunications service as defined by 47 U.S.C. Section 153(53), in the public right-of-way. (b)AAExcept as provided by this chapter, a municipality may not adopt or enforce any regulations or requirements that would require a wireless service provider, or its affiliate, that holds a cable or video franchise under Chapter 66, Utilities Code, to obtain any additional authorization or to pay any fees based on the provider ’s provision of wireless service over its network nodes. SUBCHAPTER G. GENERAL CONDITIONS OF ACCESS Sec.A284.301.AALOCAL POLICE-POWER-BASED REGULATIONS. (a)AASubject to this chapter and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality ’s boundaries, including with respect to utility poles. (b)AAA municipality may exercise that authority to impose police-power-based regulations for the management of the public right-of-way that apply to all persons subject to the municipality. (c)AAA municipality may impose police-power-based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. Sec.A284.302.AAINDEMNIFICATION. The indemnification provisions of Sections 283.057(a) and (b) apply to a network provider accessing a public right-of-way under this chapter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 25 Sec.A284.303.AARELOCATION. Except as provided in existing state and federal law, a network provider shall relocate or adjust network nodes in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way. Sec.A284.304.AAINTERFERENCE. (a)AAA network provider shall operate all network nodes in accordance with all applicable laws, including regulations adopted by the Federal Communications Commission. (b)AAA network provider shall ensure that the operation of a network node does not cause any harmful radio frequency interference to a Federal Communications Commission-authorized mobile telecommunications operation of the municipality operating at the time the network node was initially installed or constructed. On written notice, a network provider shall take all steps reasonably necessary to remedy any harmful interference. SECTIONA2.AA(a)AAIn this section, "collocation," "network node," "network provider," and "public right-of-way" have the meanings assigned by Section 284.002, Local Government Code, as added by this Act. (b)AAPublic/private agreements between a municipality and a network provider for the deployment of network nodes in the public right-of-way on fair and reasonable terms as provided by Chapter 284, Local Government Code, as added by this Act, and corresponding ordinances governing that deployment, are necessary to protect the health, safety, and welfare of the public by facilitating robust and dependable wireless networks. Accordingly, those agreements and ordinances shall be conformed as provided by this section. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B.ANo.A1004 26 (c)AASubject to Subsection (d) of this section, the rates, terms, and conditions of agreements and ordinances entered into or enacted before the effective date of this Act shall apply to all network nodes installed and operational before the effective date of this Act. (d)AAFor all network nodes installed and operational on or after the effective date of this Act: (1)AAif a rate, term, or condition of an agreement or ordinance related to the construction, collocation, operation, modification, or maintenance of network nodes does not comply with the requirements of Chapter 284, Local Government Code, as added by this Act, a municipality shall amend the agreement or ordinance to comply with the requirements of Chapter 284, Local Government Code, as added by this Act, and the amended rates, terms, or conditions shall take effect for those network nodes on the six-month anniversary of the effective date of this Act; and (2)AAthe rates, terms, and conditions of each agreement executed, and each ordinance enacted, on or after the effective date of this Act shall comply with the requirements of Chapter 284, Local Government Code, as added by this Act. SECTIONA3.AAThis Act takes effect September 1, 2017. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.B.ANo.A1004 27 ______________________________AAAA______________________________ President of the SenateAAAAAAAAAAAAASpeaker of the House I hereby certify that S.B.ANo.A1004 passed the Senate on April 6, 2017, by the following vote: YeasA29, NaysA0, two present not voting; and that the Senate concurred in House amendment on MayA25, 2017, by the following vote: YeasA29, NaysA0, two present not voting. ______________________________ AAAASecretary of the Senate I hereby certify that S.B.ANo.A1004 passed the House, with amendment, on May 18, 2017, by the following vote: YeasA140, NaysA6, two present not voting. ______________________________ AAAAChief Clerk of the House Approved: ______________________________ AAAAAAAAAAAAADate ______________________________ AAAAAAAAAAAGovernor S.B.ANo.A1004 28 500 N. Akard Street 1800 Ross Tower Dallas, Texas 75201 Alexis G. Allen Direct: 214-665-3361 Email: aallen@njdhs.com Web: www.njdhs.com Summary of SB 1004 SB 1004 adopts a new Chapter 284 of the Local Government Code. Similar to Chapter 283, these provisions concern the installation of equipment, specifically wireless network equipment, in public right-of-way, providing a state-wide regulatory scheme and limiting individual cities’ abilities to further regulate this equipment. These provisions are applicable to the installation of “network nodes” (equipment that enables wireless communications between the communications network and the user’s equipment) and related equipment, and applies to both the “wireless service provider”, who provides the service directly to the public, and to “network providers”, which are entities who do not provide service to the end-user, but whom build the equipment on behalf of a wireless service provider. A full outline of the bill is below, but generally, it is important to note that the fees we can charge these users are limited to an application or permit fee, calculated based on the equipment installed (See Sec. 284.156), and an annual fee calculated based on $250 X the number of network nodes installed in the city’s ROW. Cities may require that providers apply for a permit, and require compliance with the city’s right-of-way management ordinance and design manual, but cannot apply zoning regulations to the installation of such equipment, or require a license agreement. If providers desire to place equipment on city service poles (i.e. traffic lights, signage, light poles) the City can require a collocation agreement, a sample of which is provided. In the event the city owns and operates a city-run electric or telephone utility, the City-owned utility may negotiate with the provider on a pole-attachment agreement, subject to the provisions of this chapter. Cities are prohibited from enacting any type of moratorium on these requests, and there are specific time limitations which apply to the processing of applications. (See Sec. 284.154). The bill goes into effect September 1, 2017, and provides that any current agreements or ordinances remain applicable to network nodes which are operational before that date; for all network nodes installed and operational on or after September 1st, any current ordinances or agreements must be amended to comply with the provisions of Chapter 284 no later than March 1, 2018. Steps Forward: There are a number of city-members of Texas Coalition of Cities for Utility Issues (TCCFUI) which are considering legal action to challenge this statute. Unless and until any such challenge is sustained, we recommend the following: Each city should take inventory of what provisions it has currently adopted which are applicable to the public right-of-way, including zoning ordinances. Amendments should be made, as necessary, to ensure this type of equipment is exempted from zoning provisions, and right-of- way ordinances should be amended to reflect the changes enacted in this bill. We will assist cities in amending current right-of-way ordinances, or with drafting comprehensive right-of-way ordinance, for those cities which have not previously adopted such provisions. We also encourage city staff to ascertain whether any of this equipment is presently installed within the city’s ROW, and specifically, if it is operational as of September 1, 2017. If so, then the ordinances/agreements applicable to such equipment will remain applicable until March 1, 2018. City staff should work with the city attorney to finalize the adoption of a design manual, consistent with the provisions of Chapter 284. The City should also develop an application and permitting procedure applicable to this equipment, making sure that the applications are processed within the necessary time limits. In developing the permitting policy/procedure, it is imperative that staff is cognizant of important timing deadlines included in Ch. 284: - Time starts when an application is filed: City must review and approve or deny by strict deadlines. - Determine if application is complete within: o 10 days of an application for placement of a transport facility o 30 days for a network node or node support pole. o If a permit is deemed incomplete, must notify applicant of the incompleteness by the applicable deadline, with the specific missing information. o Applicant has 30 days to resubmit a cured completed application without fee (other than for actual costs incurred by city), and city must approve or deny a revised completed resubmittal within 90 days of receipt. - Time to Act: Once determined complete, the permit is deemed granted by law if city does not approve/deny within: o 21 days - transport facility permit (fiber/coaxial cable connecting nodes). o 60 days - node network permit. o 150 days - node support pole permit. - If a permit is denied: o city must provide applicant an email with the specific reasons for denial, o applicant has 30 days to resubmit cured application without fee (other than for actual costs incurred by city); o city’s review is limited to emailed reasons for denial; and o city must approve or deny completed resubmittal within 90 days of receipt. Documents to Consider: In addition to this summary, I have prepared/provided the following documents to further implementation of these changes: 1. Proposed Right-of-Way Ordinance(s) (TM 87733, “Comprehensive”, and TM 87732, “Amending”): There are two options to consider, (including changes provided by NCTCOG), a comprehensive Right-of-Way ordinance, for those cities which do not have any ROW management provisions currently, and an amending ordinance, which will apply to those cities which do have a current ROW ordinance, but have not amended it to reflect changes to the LGC, including Ch. 283 and Ch. 284. Note that, in addition to adopting such an ordinance/amendment, the City will need to amend its Master Fee Schedule, to reflect the application fee and annual fee, and may need to revise its zoning ordinance. The fees are included in the “amending ordinance”, but this area is highlighted in Section 2 of the Comprehensive Ordinance, as such changes will include additional fees, depending on the preference of the individual cities. In regards to the wireless facilities, the fees should be as follows: “Small cell application fee (This fee shall not exceed and is capped by statutory limits) $500.00 (1-5 network notes); $250.00 (each additional network node); $1,000.00 per pole Small cell user fees (this fee shall not exceed and is capped by statutory limits) $250.00 annually for each network node; $20.00 per year for city pole attachment. Transport Facility monthly user fee (This fee shall not exceed and is capped by statutory limits) $28 multiplied by the number of the network provider’s network nodes located in the public right-of-way for which the installed transport facilities provide backhaul, until the time the network provider’s payment to the City exceeds its monthly aggregate per month compensation to the City” 2. Design Manual (TM 87731): I have provided a copy of the proposed format for a design manual offered by TCCFUI. The form provided complies with the state law as enacted, but is very technical and will need to reflect each city’s preferences. 3. Collocation Agreement (TM 87730): Several cities have already been approached by network providers seeking to install equipment on city poles. As noted in the memo, we cannot require a license agreement for this use, but are authorized to require the vendor to enter into a “collocation agreement”. A sample of such an agreement has also been provided. Outline of Ch. 284 SB 1004 – Adoption of Chapter 284, Local Government Code, “Deployment of Network Nodes in Public Right-of-Way” This provision affects the ability of cities to regulate “network nodes”, which are defined as ‘equipment at a fixed location that enables wireless communications. Sec. 284.003, Limit on Size: - Antennas attached to existing structure or pole w/o exposed elements: o Must be in enclosure not more than 6 cubic feet in volume o May not be more than 3’ higher than existing pole/structure o May not exceed 2’ from the circumference than existing pole/structure - Antennas w/ exposed elements must fit within existing structure/pole, w/ elements - Other wireless equipment attached to existing equipment o No more than 28’ cubic volume o Protrude circumference of existing equipment by more than 2’ - Ground based enclosures: o No higher than 3’6”, no wider than 3’6” - Pole Mounted equipment: o No taller than 5’ Section 284.051, Applicable: - Network provider collocating network nodes in public ROW Section 284.052, Exclusivity: city may not enter into exclusive use agreement for ROW Section 284.053, Rate: - Annual Rate may not exceed $250 x # of network nodes installed by network provider in city’s entire ROW - City may charge lower amount if not give, related to use of ROW, discriminatory Section 284.054, Adjustment: may adjust rate annually by rate not to exceed ½ annual change in CPI, must provide 60 days notice Section 284.055, Use of ROW and Rate: - (a) If wanting to connect a node to network: may install transport facilities, subject to (b), or use some service of others: fees not less than $28/month for occupying ROW - (b) To install own transport facility: o Has permit to use ROW, and o Pays monthly ROW fee ($28 x # of network nodes in ROW for which installed facilities provide service, unless or until time network provider’s payment exceeds its monthly aggregate per node compensation to the city) Section 284.056, Collocation on Service Poles: - Subject to agreement, City must allow on poles, at rate not greater than $20 per year, per service pole Section 284.057, City may not require other fees/permits Section 284.101, Right of Access to ROW: permitted, w/o need for special permit, zoning review, other land use regulations, to: - Construct, maintain, relocate network node to support pole - Modify, replace utility pole or node support - Collocate on pole - But must comply w/ applicable ROW ordinance(s) Section 284.102, Construction & Maintenance Requirements: - Nodes and poles may not: o Obstruct/hinder travel/safety on ROW o Obstruct ROW use by other utility providers o Violate non-discriminatory codes o Conflict with ROW design specifications o Violate Americans with Disabilities Act Section 284.103, Limitation on Placement of Poles: - No more than 10 feet higher than existing pole located w/in 500 linear feet of new pole, OR 55 feet above ground level Section 284.104, Parks & Residential Areas: - Must have city’s consent if in park or adjacent to street that is no more than 50 feet wide and adjacent to single-family residential lots, multifamily properties, or undeveloped land designated for residential use by zoning or deed - Must comply with private deed restrictions Section 284.105, Historic/Design Districts: - Must have approval from city before installing in historic or design district - City may require reasonable design or concealment measures Section 284.106, Equipment Cabinets: may not exceed size limitations in Sec 284.003 Section 284.107, Underground Requirement: installation of underground equipment must comply with underground requirements Section 284.108, Design Manual: - City may adopt manual including additional installation and construction details - Design manual may include: o Requirement that industry standard pole load analysis is completed and submitted, indicating pole with safely support load o Requirement that network node equipment placed on new and existing poles be more than 8’ above ground level Section 284.109, Exceptions: may exceed height/distance requirements with city approval Subchapter D, Applications & Permits Section 284.151, Prohibitions of Municipal Actions: city may not impose other fees, approvals; no moratoriums Section 284.152, Require Permits: - City may require permit, if permit is of general applicability, does not exclusively apply to network nodes, and nondiscriminatory - Provider seeking to locate multiple nodes is entitled to file consolidated permit for not more than 30 nodes Section 284.153, Process relating to application: - May not require more information than a non-service provider telecommunications utility is required to provide, unless the information is directly related to the requirements of this chapter - City may require applicant to include: o construction and engineering drawings and information to confirm that the applicant will comply with city’s publicly disclosed ROW specifications and applicable codes o Information reasonably related to provider’s use of ROW to ensure compliance with this chapter o A certificate that the network node complies with FCC regs, and o A certificate that the proposed network node will be placed into active commercial service by or for a network provider not later than 60th day after the date the construction and final testing of network node is completed Section 284.154, Municipal Review Process: - City must determine and notify applicant if application is complete: o No later than 30 days after the date the city receives the application for permit for network node or node support pole, OR o No later than 10 days after date city receives application for permit for transport facility o If not complete, City must specifically identify what is missing - City must approve application not subject to zoning or land use approval unless application does not comply with city’s ROW ordinance, ROW design manual, or other applicable codes - City must approve or deny application: o For node support pole, within 150 days after city receives complete application o For network node, within 60 days after city receives complete application o For transport facility, within 21 days after city receives complete application o Application not approved within these deadlines is deemed approved on the last respective approval date - If City denies application: o Must document basis for denial, including specific ode provisions or other regs o Must send documentation, by email, to the applicant, on or before denial date o Applicant has 30 days from date of denial to cure deficiencies and resubmit application w/o paying another application fee, other than fee for actual costs incurred by city o City has 90 days to approve/deny revised application; review is limited to deficiencies cited in initial denial application Section 284.155, Time of Installation: - Installation must begin no later than 6 months after final approval; provider must “diligently pursue installation to completion” - City may place longer time limit of completion, or grant reasonable extension of time Section 284.156, Application Fees: - City may charge an application fee for permit only if City requires payment of fee for similar types of commercial development, other than type for which application fees not authorized - Application fee may not exceed the lesser of: o Actual, direct, and reasonable costs the city determines are incurred in granting or processing application that are reasonably related in time to the time the costs of granting or processing an application are incurred; or o $500 per application covering up to 5 network nodes, $250 for each additional network node per application, and $1,000 per application for each pole o In determining “actual, direct and reasonable costs”, city may not include costs incurred in relation to 3rd party legal or engineering review, or direct payment or reimbursement of 3rd party public ROW rates or fees charged on a contingency basis or under a result-based arrangement Section 284.157, Work Exempted: - City cannot require application, permit or fees for: o Routine maintenance that does not require excavation or closing of sidewalks or vehicular lanes in ROW o Replacing or upgrading network node or pole with a node or pole that is substantially similar in size or smaller that does not require excavation or closing of sidewalks or vehicular lanes in ROW o Installation, placement, maintenance, operation, or replacement of micro network nodes that are strung on cables between existing poles or node support poles, in compliance with Nat’l Electrical Safety Code Network node or pole is “substantially similar” if: · New node, equipment will not be more than 10% larger than existing node, provided increase does not exceed Sec. 284.003 size limitations · New pole will not be more than 10% higher, and does exceed 284.103 height limitation Replacement or upgrade doesn’t include replacement of existing pole, and Replacement or upgrade doesn’t defeat existing concealment element of node support pole - City can require: o Advance notice of work o Approval of pole’s owner o Compliance with size limitations Subchapter E: Access to City-Owned Poles Section 284.201, Use of City-Owned Poles: - City must allow collocation of network nodes on city-owned utility poles on nondiscriminatory terms and conditions, pursuant to pole attachment agreement, including applicable permitting requirements of city utility - Annual Pole Attachment rate for collocation of network node on city-owned pole, shall be based on pole attachment rate consistent with Section 54.204 Utilities Code, on per- foot basis Subchapter F: Effect on Other Utilities and Providers Section 284.252, Effect on Investor-Owned Utilities, Cooperatives – not applicable to these utilities Section 284.253, Effect on Providers of Cable Services or Video Services - Approval of network node or transport facility may not confer authorization to provide: o Cable/video service w/o complying with Ch. 66 Utilities Code o Info/Telecommunication Service under 47 USC - City cannot require wireless service provider that holds franchise to obtain additional authorization or pay additional fees based on provision of wireless service over nodes Subchapter G: General Conditions of Access Section 284.301, Local Police-Power Based Regulations - Subject to this Chapter, city may continue to apply zoning, land use, permitting authority - City may exercise authority to impose police-power-based regulations for management of ROW that apply to all persons subject to City - City may impose police-power based regs in management of ROW that apply to everyone - City may impose police-power based regs in management of activities of network provider in ROW only to extent regulations are reasonably necessary to protect the health, safety and welfare of public Section 284.302, Indemnification: Section 283.057 indemnification provisions apply to network provider accessing a ROW Section 284.303, Relocation: Relocating should be done in timely manner without cost to city Section 284.304, Interference: Network provider shall insure no interference Other Provisions: - Rates, terms and conditions of agreements and ordinances entered into or enacted before September 1, 2017 shall apply to all network nodes installed and operational before September 1, 2017 until March 1, 2018 - For all nodes installed and operational on or after September 1, 2017: o If rate, term or condition of agreement or ordinance related to network nodes doesn’t comply with these provisions, city must amend the agreement or ordinance to comply with requirements of this chapter; amended terms, rates, etc shall take effect for those network nodes on or before March 1, 2018 Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3520 File ID: Type: Status: 2017-3520 Ordinance Agenda Ready 1Version: Reference: In Control: Engineering 08/14/2017File Created: Final Action: Small Cell Design Manual ORDFile Name: Title: Consider approval of an ordinance adopting the City of Coppell Design Manual for the Installation of Nodes and Node Support Poles in the City Rights-of-Way, Pursuant to Texas Local Government Code Chapter 284, and designating districts for the installation of network nodes and node support poles; and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 15. Sponsors: Enactment Date: Small Cell Design Manual Adopt Memo.pdf, Small Cell Design Manual ORD.pdf, Small Cell Design Manual.pdf, Small Cell Designations Exhibit.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3520 Title Consider approval of an ordinance adopting the City of Coppell Design Manual for the Installation of Nodes and Node Support Poles in the City Rights-of-Way, Pursuant to Texas Local Government Code Chapter 284, and designating districts for the installation of network nodes and node support poles; and authorizing the Mayor to sign. Summary Fiscal Impact: [Enter Fiscal Impact Statement Here] Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3520) Staff Recommendation: The Engineering Department recommends approval. Goal Icon: Sustainable City Government Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Ken Griffin, P.E., Director of Engineering and Public Works Date: August 22, 2017 Reference: Adoption of Design Manual for Network Nodes and Node Support Poles pursuant to Chapter 284 of the Texas Local Government Code 2030: Sustainable City Government, Goal 3 Excellent and Well-maintained City Infrastructure and Facilities General Information:  Senate Bill (SB) 1004 adopts a new Chapter 284 of the Local Government Code.  SB 1004 has an effective date of September 1, 2017.  The provisions of Chapter 284 relate to installation of network nodes and node support poles in the public right-of-way.  Local governments may designate historic districts and design districts with criteria for design or concealment.  Chapter 284 provides for restrictions on installation of new poles in residential areas and parks, and discourages nodes in those areas  The Design Manual establishes aesthetic standards associated with network nodes and node support poles.  The Design District map identifies areas in the city that are subject to design, camouflage and concealment standards.  Staff presented a work session briefing related to this item during the August 8th City Council Meeting. Introduction: Staff briefed the City Council on the elements of Chapter 284 of the Local Government Code during the August 8th City Council meeting. This item presents a new Design Manual as allowed in Chapter 284 to establish aesthetic criteria, attachment hierarchy and requirements, pole placement standards, and including a map that identifies historic and design districts. The effective date of Chapter 284 is September 1, 2017. 2 Analysis: Senate Bill (SB) 1004 adopts a new Chapter 284 of the Texas Local Government Code. The provisions relate to installation of network nodes and poles in the public right-of-way. Companion agenda items are presented to amend the Right-of-Way Management Ordinance provisions of the city’s code as well as adopt fees related to small cell applications. Key elements of Chapter 284 relate to: size limits for network nodes; restrictions on exclusive right-of-way use agreements; rates for permitting and use (nodes and poles); collocation on service poles; right-of-way access rights; construction and maintenance; location and height new poles; restrictions on installation of new poles in parks or along residential streets; design or concealment of new network nodes or new poles in a historic district or design district that contains decorative poles; cabinet size; compliance with undergrounding requirements; compliance with design manual; applications, permits and related processes; access to city-owned and other existing poles; and interference. A design manual to govern aesthetics associated with network nodes and node support poles is presented with this agenda item for approval. The basic philosophy of the Design Manual is to achieve these goals: preserve the safe use of the public right-of-way through adoption of certain location and attachment requirements; camouflage the installation of network nodes and equipment through the designation of colors and attachment hierarchy (our preference for attachment listed in order, then requiring color matching); preserving the general aesthetic of residential and historic districts by prohibiting any new poles from being installed; and preserving the aesthetic of the public-right-of-way through the use of location preferences and color/style matching of any new support poles. Given the maturity of the public right- of-way in Coppell, and the aesthetic that has already been established (e.g. black signal and sign hardware, black cabinets, pole styles, decorative street lights, etc.), staff recommends these elements so that the right-of-way is not cluttered with new poles or ground equipment, and any new network nodes and associated equipment blends with existing streetscape elements. A map designating the areas of the city that fall within historic districts, design districts and designated underground utility areas is also included for adoption. The city has long-required undergrounding of utilities in residential subdivisions, and has recently paid to place utilities underground along the south right-of-way of Sandy Lake Road and at the intersection of Sandy Lake and Denton Tap. These areas are identified on the proposed map, along with the Old Town/Historic District, which was also designed and developed with underground utilities. The schedule of adoption was necessary to ensure that these design provisions are in place prior to the September 1st effective date of Chapter 284 of the Local Government Code. Legal Review: Staff worked with the City Attorney to draft the proposed Design Manual. Fiscal Impact: There is no fiscal impact for this item. Recommendation: The Engineering Department recommends approval of an Ordinance adopting the Design Manual for Installation of Network Nodes and Node Support Poles and a map designating Design Districts. TM 88063 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ADOPTING THE CITY OF COPPELL DESIGN MANUAL FOR THE INSTALLATION OF NODES AND NODE SUPPORT POLES IN THE CITY RIGHTS-OF-WAY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE CHAPTER 284; AND DESIGNATING DESIGN DISTRICS FOR THE INSTALLATION OF NETWORK NODES AND NODE SUPPORT POLES; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILIITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 284 of the Local Government Code, effective September 1, 2017, provides a regulatory framework governing the installation of Nodes and Node Support Poles in the City’s Right-of-Way; and WHEREAS, pursuant to Chapter 284, Network Providers installing wireless equipment in the City’s Right-of-Way must comply with the Design Manual adopted by the City for that purpose; and WHEREAS, Chapter 284 authorizes the City to designate Design Districts and Historic Districts, wherein heightened aesthetic requirements may be applied to such equipment; and WHEREAS, the City of Coppell has determined that certain areas of the city which should be designated as design districts, for purposes of Chapter 284, in order to preserve the character and aesthetic qualities of these areas; WHEREAS, the City Council, in the exercise of its legislative discretion, has concluded that the areas described below shall be designated as Design Districts for these purposes, and the attached Design Manual should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, THAT: SECTION 1. The areas of the City of Coppell depicted on Exhibit A, attached hereto and incorporated herein, are hereby designated as Historic Districts and Design Districts for the installation of network nodes and node support poles, pursuant to Chapter 284 of the Local Government Code. Historic District Number 1 is the area referred to as Coppell Old Town/Historic District. Its boundaries are: depicted in Exhibit A. TM 88063 Currently designated Design District areas are: (a) Design District Number 1 is the area referred to as Town Center District. Its boundaries are: depicted in Exhibit A. (b) Design District Number 2 is the area referred to as Retail District. Its boundaries are: depicted in Exhibit A. (c) Design District Number 1 is the area referred to as Commercial District. Its boundaries are: depicted in Exhibit A. (d) Design District Number 2 is the area referred to as Highway Commercial District. Its boundaries are: depicted in Exhibit A. SECTION 2. The Coppell Design Manual for the Installation of Network Nodes and Node Support Poles, attached hereto as Exhibit “B”, is hereby adopted. All Network Providers seeking to install wireless equipment in the public rights-of-way of the City of Coppell pursuant to Chapter 284 of the Local Government Code must comply with this Design Manual. SECTION 3. That the City Manager and/or his designee is hereby authorized to amend the Design Manual as he determines to be necessary and appropriate and in the best interest of the City. SECTION 4. All provisions of the ordinances of the City of Coppell in conflict with the provisions of this Ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Coppell not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be judged to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole or any portion thereof other than the portion so decided to be invalid or unconstitutional. SECTION 6. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such case provide. TM 88063 DULY PASSED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, ON THIS THE ____ DAY OF ___________, 2017. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary Mayor APPROVED AS TO FORM: ______________________________ City Attorney TM 88063 EXHIBIT “A” Design Districts TM 88063 EXHIBIT “B” City of Coppell Design Manual 1 Design Manual for the Installation of Network Nodes and Node Support Poles pursuant to Tex. Loc. Gov. Code, Chapter 284. 2 Table of Contents SECTION 1. PURPOSE AND APPLICABILITY. ............................................................................................................... 3 SECTION 2. DEFINITIONS. .................................................................................................................................................... 3 SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ............................................................. 7 SECTION 4. GUIDELINES ON PLACEMENT. ............................................................................................................... 11 SECTION 5. GENERAL AESTHETIC REQUIREMENTS ............................................................................................. 15 SECTION 6. ELECTRICAL SUPPLY ................................................................................................................................. 16 SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. .......................................... 16 SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR ........................................................................................................................................... 16 SECTION 9. INSTALLATION AND INSPECTIONS ...................................................................................................... 18 SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. ................................... 18 SECTION 11. GENERAL PROVISIONS. .......................................................................................................................... 19 SECTION 12. ADMINISTRATIVE HEARING – REQUEST FOR EXEMPTION ERROR! BOOKMARK NOT DEFINED. SECTION 13-19 RESERVED ............................................................................................................................................... 20 SECTION 20. DESIGN MANUAL - UPDATES ............................................................................................................... 20 3 SECTION 1. PURPOSE AND APPLICABILITY. The City of Coppell (“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. Purpose: Loc. Gov. Code, Chapter 284 allows certain wireless Network Providers to install in the public rights-of-way their wireless facilities, described and defined in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 as “Micro Network Nodes”, “Network Nodes”, and “Node Support Poles”. As expressly allowed by Tex. Loc. Gov. Code, Chapter 284, Section 284.108, and pursuant to its police power authority reserved in Sec. 284.3011, the City enacts these Design Guidelines in order to meet its fiduciary duty to the citizens of the City, and to give assistance and guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe and aesthetically pleasing installation of technologically competitive equipment. Applicability: This Design Manual is for siting and criteria for the installation Wireless Facilities, including Micro Network Nodes, Network Nodes, Node Support Poles and related ground equipment being installed pursuant to Loc. Gov. Code, Chapter 284 This Design Manual shall apply to any sitings, installations, collocations in, on, over or under the public rights-of-way of Network nodes, Node support poles, Micro network nodes, Distributed Antenna Systems, microwave communications or other Wireless Facilities, by whatever nomenclature, whether they are installed pursuant to Chapter 284, or installed pursuant to an agreement as agreed to and consented to by the City in its discretion, or installed as may otherwise be allowed by state law. City Rights-of-Way Management Ordinance: A Network Provider shall comply with the City’s Rights-of-Way Management Ordinance except where in conflict with this Design Manual or Chapter 284, Subchapter C. SECTION 2. DEFINITIONS. The definitions as used in Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual, unless otherwise noted in this Section 2, below.2 Abandon and its derivatives means the facilities installed in the right-of-way (including by way of example but not limited to: poles, wires, conduit, manholes, handholes, cuts, network nodes and node support poles, or portion thereof) that have been left by Provider in an unused or non- functioning condition for more than 120 consecutive calendar days unless, after notice to Provider, Provider has established to the reasonable satisfaction of the City that the applicable facilities, or portion thereof, is still in active use. 4 Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable codes means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent not inconsistent with Chapter 284. City means the City of Coppell, Texas or its lawful successor. City Manager shall mean City Manager or designee Chapter 284 means Tex. Loc. Gov. Code, Chapter 284. Collocate and collocation mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. Concealment or Camouflaged means any Wireless Facility or Pole that is covered, blended, painted, disguised, camouflaged or otherwise concealed such that the Wireless Facility blends into the surrounding environment and is visually unobtrusive as allowed as a condition for City advance approval under Chapter 284, Sec. 284.105 in Historic or Design Districts. A Concealed or Camouflaged Wireless Facility or Pole also includes any Wireless Facility or Pole conforming to the surrounding area in which the Wireless Facility or Pole is located and may include, but is not limited to hidden beneath a façade, blended with surrounding area design, painted to match the supporting area, or disguised with artificial tree branches. Decorative pole means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. Design District means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. Disaster emergency or disaster or emergency means an imminent, impending, or actual natural or humanly induced situation wherein the health, safety, or welfare of the residents of the city is threatened, and includes, but is not limited to any declaration of emergency by city state or federal governmental authorities. Distributed Antenna System or DAS shall be included as a type of “Network Node.” Easement means and shall include any public easement or other compatible use create d by dedication, or by other means, to the city for public utility purposes or any other purpose whatsoever. "Easement" shall include a private easement used for the provision of utilities. 5 Federal Communications Commission or FCC means the Federal Adminis trative Agency, or lawful successor, authorized to oversee cable television and other multi -channel regulation on a national level. Highway right-of-way means right-of-way adjacent to a state or federal highway. Historic district means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. Law means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. Local means within the geographical boundaries of the City. Location means the City approved and lawfully permitted location for the Network Node. Macro tower means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Chapter 284, Section 284.103 and that supports or is capable of supporting antennas. Mayor means the Mayor for the City. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Municipal park means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. Municipally owned utility pole means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. MUTCD means Manual of Uniform Traffic Control Devices. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. Network provider means: 6 (A) a wireless service provider; or (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. Node support pole means a pole installed by a network provider for the primary purpose of supporting a network node. Permit means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. Pole means a service pole, municipally owned utility pole, node support pole, or utility pole. Private easement means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. Provider has the same meaning as “Network Provider.” Public right-of-way means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications. Public right-of-way management ordinance means an ordinance that complies with Chapter 284, Subchapter C. Service pole means a pole, at least 8’ in height, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. Small cell shall be included as a type of “Network Node.” Street means only the paved portion of the right-of-way used for vehicular travel, being the area between the inside of the curb to the inside of the opposite curb, or the area between the two parallel edges of the paved roadway for vehicular travel where there is no curb. A “Street” is generally part of, but smaller in width than the width of the entire right -of-way, while a right-of- way may include sidewalks and utility easements, a “Street” does not. A “street” does not include the curb or the sidewalk, if either are present at the time of a permit application or if added later. 7 SWPPP shall mean Storm Water Pollution Prevention Plan. TAS means Texas Accessibility Standards. Traffic Signal means any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Underground Requirement Area shall mean an area where poles, overhead wires, and associated overhead or above ground structures have been removed and buried or have been approved for burial underground pursuant to municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way. User means a person or organization which conducts a business over facilities occupying the whole or a part of a public street or right-of-way, depending on the context. Utility pole means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Chapter 284, Section 51.002, Utilities Code. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Wireless facilities mean “Micro Network Nodes,” “Network Nodes,” and “Node Support Poles” as defined in Texas Local Government Code Chapter 284. SECTION 3. PROHIBITED AND PREFERRED LOCATIONS OF MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. A. Prohibited or Restricted Areas for Certain Wireless facilities, except with Separate City Agreement or Subject to Concealment Conditions. 1. Municipal Parks and Residential Areas. In accordance with Chapter 284, Sec. 284.104 (a), a Network Provider may not install a Node Support Pole in a public right-of-way without the City's discretionary, nondiscriminatory, and written consent if the public right-of-way is in a Municipal park or is adjacent to a street or thoroughfare that is: (1) not more than 50 feet wide of paved street surface, being the area measured as the shortest distance between the inside of the curb to the inside of the opposite curb, or the area measured as the shortest distance between the two parallel edges of the paved roadway for vehicular travel where there is no curb; and 8 (2) adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1. In accordance with Chapter 284, Sec. 284.104 (b), a Network Provider installing a Network Node or Node Support Pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. Each permit application shall disclose if it is within a Municipal Park and Residential Areas as described above. 2. Historic District and Design Districts. In accordance with Chapter 284, Sec. 284.105, a Network Provider must obtain advance written approval from the City before collocating Network Nodes or installing Node Support Poles in a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. 2.1. As a condition for approval of Network Nodes or Node Support Poles in Design Districts with Decorative Poles or in a Historic District, the City shall require reasonable design or Concealment measures for the Network Nodes or Node Support Poles. Therefore, any request for installations in a Design District with Decorative Poles or in a Historic District, must be accompanied with proposed Concealment measures in the permit applications. 2.2. The City requests that a Network Provider explore the feasibility of using Camouflage measures to improve the aesthetics of the Network Nodes, Node Support Poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in Design Districts or in an Historic District. 2.3. Network Provider shall comply with and observe all applicable City, State, and federal historic preservation laws and requirements. 2.4. Each permit application shall disclose if it is within a Design District with Decorative Poles or in an area of the City zoned or otherwise designated as a Design District or Historic District. 3. Historic Landmarks. A Network Provider is discouraged from installing a Network Node or Node Support Pole within 300 feet of a historic site or structure or Historic Landmark recognized by the City, state or federal government (see, for example, and not limited to §442.001(3) of the Texas Government Code, and 16 U.S.C. §470), as of the date of the submission of the permit. It is recommended that each permit application disclose if it is with 300 feet of such a structure. 4. Compliance with Undergrounding Requirements. In accordance with Chapter 284, Sec. 284.107, a Network Provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of- way without first obtaining zoning or land use approval. 9 4.1 Areas may be designated from time to time by the City as Underground Requirement Areas in accordance with filed plats, and or conversions of overhead to underground areas, as may be allowed by law. 4.2 Each permit application shall disclose if it is within an area that has undergrounding requirements. B. Least preferable locations. 1. Residential Areas and Parks. A Network Provider is discouraged from installing a Network Node on an existing pole in a public right-of-way without written consent from the City Council if the public right-of-way is located in or adjacent to a street or thoroughfare that is adjacent to a municipal park or single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. 1.1 In accordance with Chapter 284, Sec. 284.104 (b) a Network Provider installing a Network Node or a Node Support Pole in a public right-of-way shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities. 2. Historic Districts and Design Districts. A Network Provider is discouraged from installing a Network Node or a Node Support Pole in the public right-of-way in any area designated by the City as a Design Districts or in an area of the City zoned or otherwise designated as a Historic District unless such a Network Node or a new Node Support Pole is camouflaged. C. Most preferable locations 1. Industrial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 2. Highway Rights-of-Way areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. 3. Retail and Commercial areas if not adjacent to a Municipal Park, Residential area, Historic District or Design District. D. Designated Areas. 1. The City Council may designate an area as a Historic District or a Design District under Chapter 284.105 at any time. 2. Currently designated Historic Districts are: (a) Historic District Number 1 is the area referred to as Coppell Old Town/Historic District. Its boundaries are: depicted in Exhibit 1. 10 3. Currently designated Design District areas are: (a) Design District Number 1 is the area referred to as Town Center District. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design. (b) Design District Number 2 is the area referred to as Retail District. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design _. (c) Design District Number 1 is the area referred to as Commercial District. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design. (d) Design District Number 2 is the area referred to as Highway Commercial District. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design _. 4. The failure to designate an area in this Chapter shall not mean that such an area is not within a defined district, if so designated by the City Council. Future areas may be designated as one of these Districts at any time. Such a designation does not require a zoning case. 5. While not required under Chapter 284 to designate Underground Compliance Areas to prohibit above ground Wireless facilities, the City may also, from time to time, also designate Underground Compliance Areas. Currently designated Underground Compliance Areas are: (a) Underground Compliance Area Number 1 is the area referred to as Old Town Coppell____. Its boundaries are: ___ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design __________________________________________________. (b) Underground Compliance Area Number 2 is the area referred to as South Right-of-Way of Sandy Lake Road___. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design ___________________________________________________. (c) or Underground Compliance Area Number 3 is the area referred to as Intersection of Denton Tap and Sandy Lake Road and Denton Tap 540’ South of Sandy Lake_. Its boundaries are: _ depicted in Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design ___________________________________________________. E. Exceptions The City by its discretionary consent and agreement may grant exception to the above prohibited locations and sizes, but only in a non-exclusive, and non-discriminatory manner, as allowed or required by Chapter 284, Sec. 284.109 and Sec. 284.110. 11 F. Order of Preference regarding Network Node attachment to existing facilities and New Node Support Poles. 1. Existing telephone or electrical lines between existing utility poles. Micro Network Nodes shall only be lashed on existing telephone or electrical lines between existing utility poles (electric poles or telephones poles), with notice to the pole owner as required by the Federal Pole Attachment Act, and not placed on Utility Poles, Node Support Poles or Service Poles. 2. Existing Utility Poles (electric poles or telephones poles), shall be the preferred support facility for Network Nodes and related ground equipment. 3. Municipal Service Poles: a. Non-decorative street lights with a height of more than 20 feet. b. Traffic signal structures when such installation will not interfere with the integrity of the facility and will not interfere with the safety of public and in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). c. Street signage shall be a low priority use for attachment of a Network Node. d. Other municipal Service pole use is discouraged. 4. New node support poles shall be the least preferred type of allowed facility for attachment of Network Nodes. 5. Ground Equipment. Ground equipment should be minimal and the least intrusive. SECTION 4. GUIDELINES ON PLACEMENT. A. Generally. In accordance with Chapter 284.102, a Network Provider shall construct and maintain Network Nodes and Node Support Poles in a manner that does not: 1. obstruct, impede, or hinder the usual travel or public safety on a public right-of- way; 2. obstruct the legal use of a public right-of-way by other utility providers; 3. violate nondiscriminatory applicable codes; 4. violate or conflict with the municipality's publicly disclosed public right-of-way management ordinance or this Design Manual. 5. violate the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). B. General Requirements and Information: 12 1. Size Limits. Network Providers shall provide detailed drawings, with calculations to show strict conformity to the size limitations as set forth in Chapter 284, in accordance with, but not limited to Chapter 284, Sec. 284.002, size of a Micro Network Node, Sec. 284.003, Size of Network Nodes, and Sec. 284.103, Max. pole height, with each application and with each request for a permit for each location.3 2. State and Federal Rights-of-way permit. If the project lies within a Highway Right-of-Way, the applicant must provide evidence of a permit from the State or Federal Government. 3. Confirmation of non-interference with City Safety Communication Networks. a. The Network Provider needs to provide analysis that the proposed network node shall not cause any interference with City public safety radio system, traffic signal light system, or other city safety communications components in accordance with Chapter 284, Sec. 284.304. b. It shall be the responsibility of the Network Provider to evaluate, prior to making application for permit, the compatibility between the existing City infrastructure and Provider’s proposed Network Node. A Network Node shall not be installed in a location that causes any interference. Network Nodes shall not be allowed on City’s public safety radio infrastructure. 4. Improperly Located Network Node facilities, Node Support Poles and related ground equipment: a. Improperly Located Network Node facilities, Node Support Poles and related ground equipment shall not impede pedestrian or vehicular traffic in the Right-of-Way. If any Network Node facilities, Node Support Poles or ground equipment is installed in a location that is not in accordance with the plans approved by the City Manager and impedes pedestrian or vehicular traffic or does not comply or otherwise renders the Right-of-Way non-compliant with applicable Laws, including the American Disabilities Act, then Network Provider shall promptly remove the Network Node facilities, Node Support Poles or ground equipment. b. Notice to Remove unauthorized facilities and relocate and penalty: After 30 days’ notice to remove of Network Node facilities, Node Support Poles or ground equipment that is located in the incorrect permitted location, if not relocated the Network Provider shall be subject to a penalty of $2,000.00 per day penalty until the Network Node facilities, Node Support Poles or ground equipment is relocated to the correct area within the permitted Location, regardless of whether or not the Network Provider’s contractor, subcontractor, or vendor installed the Network Node facilities, Node Support Poles or ground equipment in strict conformity with the City Rights-of-way management ord., and other applicable ordnances concerning improperly located facilities in the rights-of-way. B. Underground Requirement Areas. 1. In accordance with Chapter 284.107, a Network Provider shall, in relation to installation for which the City approved a permit application, comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that 13 prohibit installing aboveground structures in a public right-of-way without first obtaining zoning or land use approval. 2. If a location is designated by the City to transits to be an Underground Requirement Area, then a Network Provider’s permit for the location of the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location will be revoked 90 days after the designation, with removal of said the Micro Network Node, Network Node, Node Support Pole, and related ground equipment at such location within 90 days of such designation, or as otherwise reasonably allowed by the City for the transition of other overhead facilities. C. Network Node facilities placement: 1. Right-of-Way: Network Node facilities, Node Support Poles and related ground equipment shall be placed, as much as possible, within two feet of the outer edge of the Right-of-Way line to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way. 2. Height above ground. Network Node attachments to a pole shall be installed at least eight (8) feet above the ground in accordance with Chapter 284, Sec. 284.108, and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be installed no less than sixteen (16) feet above the ground . 3. Protrusions. In accordance with Chapter 284, Sec. 284.003 (a) (1) (C), Sec. 284.003 (a) (2) (C) and Sec. 284.003 (a) (3) (B) no protrusion from the outer circumference of the existing structure or pole shall be more than two (2) feet. 4. Limit on number of Network Nodes per Site. There shall be no more than one Network Node on any one Pole. D. New Node Support Poles. 1. New Node Support Poles Spacing. New node support poles shall be spaced apart from existing utility poles or Node Support poles at the same as the spacing between utility poles in the immediate proximity, but no less than at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. 2. Location of Node Support Poles within Street. New node support poles shall not be placed in the raised median section of a street to minimize the hazard of poles within the road ways, unless all other options for attachment of network nodes to existing poles and placement of new node support poles outside of the raised median have been denied. 3. Height of Node Support Poles or modified Utility Pole. In accordance with Chapter 284, Sec. 284.103 a Node support pole or modified Utility Pole may not exceed the lesser of: (1) 10 feet in height above the tallest existing utility pole located within 500 linear feet of the new pole in the same public right-of-way; or (2) 55 feet above ground level. 14 E. Ground Equipment. 1. Ground Equipment near street corners and intersections: Ground equipment should be minimal and the least intrusive. In accordance with Chapter 284.102 (1), to minimize any obstruction, impediment, or hindrance to the usual travel or public safety on a public right-of-way the maximum line of sight required to add to safe travel of vehicular and pedestrian traffic and in order to maximize that line of sight at street corners and intersections and to minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or a street intersection. 2. Ground Equipment near Municipal Parks. For the safety of Municipal park patrons, particularly small children, and to allow full line of sights near Municipal park property, the Network Provider shall not install Ground Equipment in a Right-of-Way that is within a Park or within 250 feet of the boundary line of a Park, unless approved by the City Manager and Parks Director in writing. 3. Minimize Ground equipment density: In accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more. F. Municipal Service Poles: 1. In accordance with Agreement: Installations on all Service Poles shall be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). 2. Required industry standard pole load analysis: Installations on all Service Poles shall have an industry standard pole load analysis completed and submitted to the municipality with each permit application indicating that the Service Pole to which the Network Node is to be attached will safely support the load, in accordance with Chapter 284.108. 3. Height of attachments: All attachments on all Service Poles shall be at least 8 feet above grade, in accordance with Chapter 284, Sec. 285.108 (a) (1) - (2) and if a Network Node attachment is projecting toward the street, for the safety and protection of the public and vehicular traffic, the attachment shall be install ed no less than sixteen (16) feet above the ground. If a service pole is less than 8 feet tall, it shall not be extended to allow attachment. 4. Installations on Traffic Signals: Installations on all Traffic signal structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public and must be in accordance with an agreement as allowed by Chapter 284, Sec. 285.056 and Sec. 284.101 (a) (3), and (b). Installation of Network Node facilities on any traffic signal structures shall: i. Be encased in a separate conduit than the traffic signal electronics; ii. Have a separate electric power connection than the traffic signal structure; and 15 iii. Have a separate access point than the traffic signal structure; and 5. Installations on Street signage: Installations on all street signage structures must not interfere with the integrity of the facility in any way that may compromise the safety of the public. Installation of Network Node facilities on any street signage structures that has electrics shall: i. Be encased in a separate conduit than any City signage electronics; ii. Have a separate electric power connection than the signage structure; iii. Have a separate access point than the signage structure; and SECTION 5. GENERAL AESTHETIC REQUIREMENTS A. Concealment. 1. Concealment of Network Nodes and Node support poles shall be required by the City in Design Districts with Decorative Poles and in Historic Districts pursuant to Chapter 284.105. 2. It is also the City’s preference that all new node support poles be camouflaged. New node support poles shall match the color and character of existing decorative poles within the same right-of-way or design district. Companies shall submit their proposal for camouflage with the permit application. 3. The Network Node facilities shall be concealed or enclosed as much as reasonably possible in an equipment box, cabinet, or other unit that may include ventilation openings. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, and positioned on the pole in a manner hidden from view of the street to the extent practical, so that wires are protected and not visible or visually minimized to the extent possible in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. The Network Node facilities shall be concealed or enclosed as much as possible in an equipment box, cabinet, or other unit that may include ventilation openings. Concealment units and nodes shall be camouflaged with paint to match color of the pole or facility the equipment is located upon. Ground equipment shall match existing infrastructure within the same right-of-way or district. External cables and wires hanging off a pole shall be sheathed or enclosed in a conduit, so that wires are protected and not visible or visually minimized to the extent possible, except to the extent not consistent with Chapter 284. B. New Node Support Pole Spacing. New node support poles shall be at a minimum 300 feet from a utility pole or another Node Support Pole to minimize the hazard of poles adjacent to road ways and to minimize effect on property values and aesthetics on the area. C. Minimize Ground Equipment Concentration. In order to minimize negative visual impact to the surrounding area, and in accordance with Chapter 284, Sec. 284.102 (1) to enhance the safety requirements of line of sight of pedestrians, particularly small children, the City’s designee may deny a request for a proposed 16 Location if the Network Provider installs Network Node ground equipment where existing ground equipment within 300 feet already occupies a footprint of 25 sq. ft. or more to minimize effect on property values and aesthetics on the area. D. Allowed Colors. Colors in Historic Districts and Design Districts must be approved by the City Manager or his designee, from a palette of approved colors. Sample colors will be submitted with the application for attachment or installation. Unless otherwise provided, all colors shall match the background of any structure or cable strand the facilities are located upon and all efforts shall be made for the colors to be inconspicuous. Colors in areas other than in Historic Districts and Design Districts shall conform to colors of other installations of telecommunication providers or installations by the city in the immediately adjacent areas. SECTION 6. ELECTRICAL SUPPLY A. Network Provider shall be responsible for obtaining any required electrical power service to the Micro Network Node, Network Node facilities, Node Support Poles and ground equipment. The City shall not be liable to the Network Provider for any stoppages or shortages of electrical power furnished to the Micro Network Node, Network Node facilities, Node Support Poles or ground equipment, including without limitation, stoppages or shortages caused by any act, omission, or requirement of the public utility serving the structure or the act or omission of any other tenant or Network Provider of the structure, or for any other cause beyond the control of the City. B. Network Provider shall not allow or install generators or back-up generators in the Right-of-Way in accordance with Chapter 284, Sec. 284.002 (12) (B) (1). SECTION 7. INSURANCE, INDEMNITY, BONDING AND SECURITY DEPOSITS. 1. Insurance, bonding and security deposits shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. Indemnity shall be in accordance with Chapter 284, Sec. 284.302, as provided for in Chapter 283, Sec. 283.057 (a) and (b) of the Texas Loc. Gov’t Code. SECTION 8. REQUIREMENTS IN REGARD TO REMOVAL, REPLACEMENT, REPLACEMENT, MAINTENANCE AND REPAIR A. REMOVAL OR RELOCATION BY NETWORK PROVIDER. 1. If the Network Provider removes or relocates a Micro Network Node, Network Node facilities, Node Support Pole or related ground equipment at its own discretion, it shall notify the City Manager in writing not less than 10 business days prior to removal or relocation. Network Provider shall obtain all Permits required for relocation or removal of its Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment prior to relocation or removal. 17 2. The City shall not issue any refunds for any amounts paid by Network Provider for Micro Network Node, Network Node facilities, Node Support Poles or related ground equipment that have been removed. B. REMOVAL OR RELOCATION REQUIRED FOR CITY PROJECT. 1. In accordance with Chapter 284, Sec. 284.107, except as provided in existing state and federal law, a Network Provider shall relocate or adjust Micro Network Node, Network Node, Node Support Pole and related ground equipment in a public right-of-way in a timely manner and without cost to the municipality managing the public right-of-way 2. Network Provider understands and acknowledges that the City may require Network Provider to remove or relocate its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or any portion thereof from the Right-of-Way for City construction projects as allowed by state and feral law, including the common-law. 3. Network Provider shall, at the City Manager’s direction, remove or relocate the same at Network Provider’s sole cost and expense, except as otherwise provided in existing state and federal law, whenever the City Manager reasonably determines that the relocation or removal is needed for any of the following purposes: Required for the construction, completion, repair, widening, relocation, or maintenance of, or use in connection with, any City construction or maintenance project of a street ort public rights-of-way to enhance the traveling publics use for travel and transportation. 4. If Network Provider fails to remove or relocate the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof as requested by the City Manager within 90 days of Network Provider ’s receipt of the request, then the City shall be entitled to remove the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof at Network Provider’s sole cost and expense, without further notice to Network Provider. 5. Network Provider shall, within 30 days following issuance of invoice for the same, reimburse the City for its reasonable expenses incurred in the removal (including, without limitation, overhead and storage expenses) of the Micro Network Node, Network Node, Node Support Pole or related ground equipment, or portion thereof. C. REMOVAL REQUIRED BY CITY FOR SAFETY AND IMMINENT DANGER REASONS. 1. Network Provider shall, at its sole cost and expense, promptly disconnect, remove, or relocate the applicable Micro Network Node, Network Node, Node Support Pole and related ground equipment within the time frame and in the manner required by the City Man ager if the City Manager reasonably determines that the disconnection, removal, or relocation of any part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment (a) is necessary to protect the public health, safety, welfare, or City property, (b) the Micro Network Node, Network Node, Node Support Pole and related ground equipment, or portion thereof, is adversely affecting proper operation of streetlights or City property, or (c) Network Provider fails to obtain all applicable licenses, Permits, and certifications required by Law for its Micro Network Node, Network Node, Node Support Pole and related ground equipment, or use of any Location under applicable law. If the City Manager reasonably determines that there is imminent danger to the public, then the City may immediately disconnect, remove, or relocate the applicable Micro 18 Network Node, Network Node, Node Support Pole and related ground equipment at the Network Provider’s sole cost and expense. 2. The City Manager shall provide 90 days written notice to the Network Provider before removing a Micro Network Node, Network Node, Node Support Pole and related ground equipment under this Section, unless there is imminent danger to the public health, safety, and welfare. 3. Network Provider shall reimburse City for the City’s actual cost of removal of Micro Network Node, Network Node, Node Support Pole and related ground equipment within 30 days of receiving the invoice from the City. SECTION 9. INSTALLATION AND INSPECTIONS A. INSTALLATION. Network Provider shall, at its own cost and expense, install the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment in a good and workmanlike manner and in accordance with the requirements promulgated by the City Manager, as such may be amended from time to time. Network Provider’s work shall be subject to the regulation, control and direction of the City Manager. All work done in connection with the installation, operation, maintenance, repair, modification, and/or replacement of the Micro Network Node, Network Node facilities, Node Support Poles and related ground equipment shall be in compliance with all applicable laws, ordinances, codes, rules and regulations of the City, applicable county, the state, and the United States (“Laws”). B. INSPECTIONS. The City Manager, or designee, may perform visual inspections of any Micro Network Node, Network Node, Node Support Pole or related ground equipment located in the Right-of- Way as the City Manager deems appropriate without notice. If the inspection requires physical contact with the Micro Network Node, Network Node, Node Support Poles or related ground equipment, the City Manager shall provide written notice to the Network Provider within five business days of the planned inspection. Network Provider may have a representative present during such inspection. SECTION 10. REQUIREMENTS UPON ABANDONMENT OF OBSOLETE MICRO NETWORK NODE, NETWORK NODE, NODE SUPPORT POLE AND RELATED GROUND EQUIPMENT. Network Provider shall remove Micro Network Node, Network Node, Node Support Pole and related ground equipment when such facilities are Abandoned regardless of whether or not it receives notice from the City. Unless the City sends notice that removal must be compl eted immediately to ensure public health, safety, and welfare, the removal must be completed within the earlier of 90 days of the Micro Network Node, Network Node, Node Support Pole and related ground equipment being Abandoned or within 90 days of receipt of written notice from the City. When Network Provider removes, or Abandons permanent structures in the Right-of-Way, the Network Provider shall notify the City Manager and City Manager in writing of such removal or Abandonment and shall file with the City Manager and City Manager the location and description of each Micro Network Node, Network Node, Node Support Pole and related ground equipment 19 removed or Abandoned. The City Manager may require the Network Provider to complete additional remedial measures necessary for public safety and the integrity of the Right-of-Way. SECTION 11. GENERAL PROVISIONS. 1. As Built Maps and Records. Network Provider’s as built maps and records shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 2. Courtesy and Proper Performance. Courtesy and Proper Performance of Network provider’s personnel, and contractors shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 3. DRUG POLICY. It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Network Provider’s employees, contractors, subcontractors, sub-Network Provider’s, or vendors while on City rights-of-way is prohibited. 4. ALLOCATION OF FUNDS FOR REMOVAL AND STORAGE. The City has appropriated $0 to pay for the cost of any removal or storage of Micro Network Node, Network Node, Node Support Pole and related ground equipment, as authorized under this Article, and no other funds are allocated. 5. OWNERSHIP No part of a Micro Network Node, Network Node, Node Support Pole and related ground equipment erected or placed on the Right-of-Way by Network Provider will become, or be considered by the City as being affixed to or a part of, the Right-of-Way. All portions of the Micro Network Node, Network Node, Node Support Pole and related ground equipment constructed, modified, erected, or placed by Network Provider on the Right-of-Way will be and remain the property of Network Provider and may be removed by Network Provider at any time, provided the Network Provider shall notify the City Manager prior to any work in the Right-of-Way. 6. Tree Maintenance. Tree maintenance shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 7. Signage. Signage shall be in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. Network Provider shall post its name, location identifying information, and emergency telephone number in an area on the cabinet of the Network Node facility that is visible to the public, but, to the extent practical, attached in a location that is not visible from the street. Signage required under this section shall not exceed 4” x 6”, unless otherwise required by law (e.g. RF ground notification signs) or the City Manager. Except as required by Laws or by the Utility Pole owner, Network Provider shall not post any other signage or advertising on the Micro Network Node, Network Node, Node Support Pole, Service pole or Utility Pole. 20 8. Graffiti Abatement. As soon as practical, but not later than fourteen (14) calendar days from the date Network Provider receives notice thereof, Network Provider shall remove all graffiti on any of its Micro Network Node, Network Node, Node Support Pole, and related ground equipment located in the Right of Way. The foregoing shall not relieve the Network Provider from complying with any City graffiti or visual blight ordinance or regulation. 9. Restoration. Network Provider shall restore and repair of the rights-of-way from any damage to the Right-of-Way, or any facilities located within the Right-of-Way, and the property of any third party resulting from Network Provider’s removal or relocation activities (or any other of Network Provider’s activities hereunder) in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. 10. Network provider’s responsibility. Network Provider shall be responsible and liable for the acts and omi ssions of Network Provider’s employees, temporary employees, officers, directors, consultants, agents, Affiliates, subsidiaries, sub-Network Provider’s and subcontractors in connection with the installations of any Micro Network Node, Network Node, Node Support Pole and related ground equipment, as if such acts or omissions were Network Provider’s acts or omissions in strict accordance with the City’s rights-of-way management ordinance, and other applicable ordinances, except to the extent not consistent with Chapter 284. SECTION 12-19 RESERVED SECTION 20. DESIGN MANUAL - UPDATES Placement or Modification of Micro Network Node, Network Node, Node Support Pole and related ground equipment shall comply with the City’s Design Manual at the time the Permit for installation or Modification is approved and as amended from time to time. 1 Sec. 284.301. LOCAL POLICE-POWER-BASED REGULATIONS. (a) Subject to this chapter and applicable federal and state law, a municipality may continue to exercise zoning, land use, planning, and permitting authority in the municipality's boundaries, including with respect to utility poles. (b) A municipality may exercise that authority to impose police-power-based regulations for the management of the public right-of-way that apply to all persons subject to the municipality. (c) A municipality may impose police-power-based regulations in the management of the activities of network providers in the public right-of-way only to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. 2 The definitions as used in Tx. Loc. Gov. Code, Chapter 284, Sec. 284.002 shall be used in this Design Manual. Tex. Loc. Gov. Code, Chapter 284, Sec. 284.002. DEFINITIONS. In this chapter: 21 (1) "Antenna" means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) "Applicable codes" means: (A) uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization; and (B) local amendments to those codes to the extent not inconsistent with this chapter. (3) "Collocate" and "collocation" mean the installation, mounting, maintenance, modification, operation, or replacement of network nodes in a public right-of-way on or adjacent to a pole. (4) "Decorative pole" means a streetlight pole specially designed and placed for aesthetic purposes and on which no appurtenances or attachments, other than specially designed informational or directional signage or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory municipal codes. (5) "Design district" means an area that is zoned, or otherwise designated by municipal code, and for which the city maintains and enforces unique design and aesthetic standards on a uniform and nondiscriminatory basis. (6) "Historic district" means an area that is zoned or otherwise designated as a historic district under municipal, state, or federal law. (7) "Law" means common law or a federal, state, or local law, statute, code, rule, regulation, order, or ordinance. (8) "Macro tower" means a guyed or self-supported pole or monopole greater than the height parameters prescribed by Section 284.103 and that supports or is capable of supporting antennas. (9) "Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. (10) "Municipally owned utility pole" means a utility pole owned or operated by a municipally owned utility, as defined by Section 11.003, Utilities Code, and located in a public right-of-way. (11) "Municipal park" means an area that is zoned or otherwise designated by municipal code as a public park for the purpose of recreational activity. (12) "Network node" means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term: (A) includes: (i) equipment associated with wireless communications; (ii) a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration; and (iii) coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation; and (B) does not include: (i) an electric generator; (ii) a pole; or (iii) a macro tower. (13) "Network provider" means: (A) a wireless service provider; or 22 (B) a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider: (i) network nodes; or (ii) node support poles or any other structure that supports or is capable of supporting a network node. (14) "Node support pole" means a pole installed by a network provider for the primary purpose of supporting a network node. (15) "Permit" means a written authorization for the use of the public right-of-way or collocation on a service pole required from a municipality before a network provider may perform an action or initiate, continue, or complete a project over which the municipality has police power authority. (16) "Pole" means a service pole, municipally owned utility pole, node support pole, or utility pole. (17) "Private easement" means an easement or other real property right that is only for the benefit of the grantor and grantee and their successors and assigns. (18) "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include: (A) a private easement; or (B) the airwaves above a public right-of-way with regard to wireless telecommunications. (19) "Public right-of-way management ordinance" means an ordinance that complies with Subchapter C. (20) "Public right-of-way rate" means an annual rental charge paid by a network provider to a municipality related to the construction, maintenance, or operation of network nodes within a public right-of-way in the municipality. (21) "Service pole" means a pole, other than a municipally owned utility pole, owned or operated by a municipality and located in a public right-of-way, including: (A) a pole that supports traffic control functions; (B) a structure for signage; (C) a pole that supports lighting, other than a decorative pole; and (D) a pole or similar structure owned or operated by a municipality and supporting only network nodes. (22) "Transport facility" means each transmission path physically within a public right- of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. (23) "Utility pole" means a pole that provides: (A) electric distribution with a voltage rating of not more than 34.5 kilovolts; or (B) services of a telecommunications provider, as defined by Section 51.002, Utilities Code. (24) "Wireless service" means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. (25) "Wireless service provider" means a person that provides wireless service to the public. 23 3 Sec. 284.002. DEFINITIONS (8) “Micro network node" means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Sec. 284.003. LIMITATION ON SIZE OF NETWORK NODES. (a) Except as provided by Section 284.109, a network node to which this chapter applies must conform to the following conditions: (1) each antenna that does not have exposed elements and is attached to an existing structure or pole: (A) must be located inside an enclosure of not more than six cubic feet in volume; (B) may not exceed a height of three feet above the existing structure or pole; and (C) may not protrude from the outer circumference of the existing structure or pole by more than two feet; (2) if an antenna has exposed elements and is attached to an existing structure or pole, the antenna and all of the antenna's exposed elements: (A) must fit within an imaginary enclosure of not more than six cubic feet; (B) may not exceed a height of three feet above the existing structure or pole; and (C) may not protrude from the outer circumference of the existing structure or pole by more than two feet; (3) the cumulative size of other wireless equipment associated with the network node attached to an existing structure or pole may not: (A) be more than 28 cubic feet in volume; or (B) protrude from the outer circumference of the existing structure or a node support pole by more than two feet; (4) ground-based enclosures, separate from the pole, may not be higher than three feet six inches from grade, wider than three feet six inches, or deeper than three feet six inches; and (5) pole-mounted enclosures may not be taller than five feet. (b) The following types of associated ancillary equipment are not included in the calculation of equipment volume under Subsection (a): (1) electric meters; (2) concealment elements; (3) telecommunications demarcation boxes; (4) grounding equipment; (5) power transfer switches; (6) cut-off switches; and (7) vertical cable runs for the connection of power and other services. (c) Equipment attached to node support poles may not protrude from the outer edge of the node support pole by more than two feet. (d) Equipment attached to a utility pole must be installed in accordance with the National Electrical Safety Code, subject to applicable codes, and the utility pole owner's construction standards. 24 Exhibit 1. Historic Districts, Design Districts and Designated Underground Required – Network Node and Node Support Pole Design 102 104 108 112 116 118 120124 117 505 119 123 127 131 102101 C it y o f Dallas C i t y o f Carrollton City of Irving CityofLewisvilleCity of G rapevine ofGrapevineCityofLewisvilleCityofGrapevineBBrriiddggeeSStt WWeesstthhaavv ee nn RR ddCC aa nntteerrbb uurryyCCttBBaannbbuurryyRRdd EEvveerrggrreeeenn DD rr J o h n s A v e J o h n s A v e Hackberry RdHackberry Rd VVeerrssaaiilllleessDDrr LeaLeaMeadowMeadow PPrreeaakknneessssLLnnWild Plum DrWild Plum DrEEddeennSStt MMeeaaddoowwccrreeeekk RRddSSpprriinnggllaakkeeWWaayy BurnetBurnetStStForest Ridge DrForest Ridge Dr PPeennffoollddssLLnnWWhhiissppeerriinnggHHiillllssDDrrPrivatePrivateDriveDriveChristi CirChristi Cir F o x ta il C tF o xtail C tLakeviewLakeviewCtCtCC ee dd aa rr CCrreesstt DD rrCCeeddaarr RRiiddggeeCCtt M istyMistyHarbor CtHarbor CtFFaallllkkiirrkkDDrrTTuu rrnn bb ee rr rr yy LL nn Lenten CtLenten Ct Asher 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Park MagnoliaPark Andy BrownJr. Park Andy BrownJr. Park VillawoodLinear Park ThweattPark RiverchasePark GrapevineSprings Park Rolling OaksMemorialCemetery WagonWheel Park TownCenterPlaza HunterwoodPark HeritagePark MacArthurPark Waggin'TailsDog Park Created by: Leah Bowyer Date: August 2017 Created in: ArcGIS 10.3 Denton CountyDenton County Dallas CountyDallas County µ 1 inch = 800 feet County Line Railroad Park Trail City Boundary Building Hydrology Park Parcel Residential Use Historic District Town Center Design District Retail Design District Commercial Design District Highway Commercial Design District Municipal Parks Undergrounding Street Width > 50 ft 0 1,600 3,200800 Feet Historic District, Design Districts and Underground Area Map for City of Coppell Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3512 File ID: Type: Status: 2017-3512 Resolution Agenda Ready 1Version: Reference: In Control: Finance 08/11/2017File Created: Final Action: Fee Resolution 08-22-17File Name: Title: Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Cell Antenna Installation/use Fees, Electrical License Fees, and Plumbing License Fees, and authorizing the Mayor to sign. Notes: Agenda Date: 08/22/2017 Agenda Number: 16. Sponsors: Enactment Date: Memo Fee Resolution August 2017.pdf, Master Fee Resolution 08-22-17.pdf Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3512 Title Consider approval of a Resolution amending Resolution No. 010996.3 as amended, amending the Master Fee Schedule for Cell Antenna Installation/use Fees, Electrical License Fees, and Plumbing License Fees, and authorizing the Mayor to sign. Summary See attached memorandum. Fiscal Impact: Staff Recommendation: Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3512) The Finance Department recommends approval. Goal Icon: Sustainable City Government Page 2City of Coppell, Texas Printed on 8/18/2017 1 MEMORANDUM To: Mayor and City Council From: Jennifer Miller, Director of Finance Date: August 22, 2017 Reference: Amending Fee Resolution 2030: Sustainable City Government – Financial Resources to Support City Services Introduction: Recent legislation passed by the Texas House and Senate are requiring the City to amend the fees that are being charged to Electricians, Plumbers and for the Use of the City’s right -of-way. Analysis:  House Bill 3329, passed May 19, 2017 and is effective September 1, 2017, provides that a municipality or region may not collect a permit fee, registration fee, administrative fee, or any other fee for an electrician or plumber. Therefore these fees are being deleted from the Master Fee Schedule.  Senate Bill 1004, which is also effective September 1, 2017, adopts a new chapter of the Texas Local Government Code (284). The provisions relate to installation of wireless communication networks nodes and node support poles in the public right of way. The provision only set limits on the fees, they do not prescribe what the fees should be. To ensure that the costs of administering the permitting, inspection and monitoring of the right of way, these fees are being added to the Master Fee Schedule. Legal Review: This agenda item was reviewed by legal during the normal review of the agenda packet. Fiscal Impact: Recommendation: The Finance Department and the Parks and Recreation Department recommend approval. 1 RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF COPPELL, TEXAS, AMENDING RESOLUTION NO. 010996.3, THE MASTER FEE SCHEDULE, AS AMENDED, BY AMENDING SECTION 6, COPPELL CITY CODE FOR USE OF PUBLIC RIGHT-OF-WAY FEES, IN PART; SECTION 15, COPPELL CITY CODE (BUILDINGS), IN PART; AND PROVIDING A REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, previously adopted Resolution No. 010996.3 to provide for general and special fees and charges to be assessed and collected by the City, as authorized by the Code of Ordinances and other applicable codes, ordinances, resolutions, and laws; and WHEREAS, the City Council of the City of Coppell desires to amend certain fees as set forth therein and delete others as authorized by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Master Fee Schedule section entitled “Chapter 6, Coppell City Code” be amended, in part to read as follows: Sec. 6-14-13, Certain Uses of Public Right-of-Way 1) Small cell/network node application fee $500.00 (1-5 network nodes) $250.00 (each additional network node) $1,000.00 per pole 2) Small cell/network node user fees $250.00 annually for each network node $20.00 per year per city pole 3) Transport Facility Monthly user fee $28.00 per month x the number of network nodes located in the right-of-way 4) Collocation on City service poles fee $20.00 per year per service pole. 2 SECTION 2. That the Master Fee Schedule section entitled “Chapter 15, Coppell City Code (Buildings)” be amended, in part to read as follows: “… 7) Delete Electrical License Fees 8) Renumber Sprinkler License Fees to 7 9) Renumber Mechanical License Fees to 8 10) Delete Plumbing License Fees 11) Renumber Backflow Prevention Device Fees to 9 12) Renumber Certificate of Occupancy Fees to 10 13) Renumber Other Inspections and Fees to 11 14) Renumber Miscellaneous Fees to 12 15) Renumber Board of Adjustment Sign Deposit to 13 16) Renumber Plan Review Fee to 14. …” SECTION 3. That all provisions of the resolutions of the City of Coppell, Texas, in conflict with the provisions of this Resolution, except as noted herein, be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect. SECTION 4. That should any word, phrase, paragraph, or section of this Resolution be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Resolution as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Resolution as a whole. 3 SECTION 5. That this Resolution shall become effective immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the 22nd day of August, 2017. APPROVED: __________________________________ KAREN SELBO HUNT, MAYOR ATTEST: __________________________________ CHRISTEL PETTINOS, CITY SECRETARY APPROVED AS TO FORM: __________________________________ CITY ATTORNEY Master City of Coppell, Texas 255 Parkway Boulevard Coppell, Texas 75019-9478 File Number: 2017-3522 File ID: Type: Status: 2017-3522 Agenda Item Council Committee Reports 1Version: Reference: In Control: City Secretary 08/14/2017File Created: Final Action: Council Committee ReportsFile Name: Title: A.Dallas Regional Mobility Coalition - Councilmember Roden B.Metrocrest Communty Clinic - Councilmember Hill C.Metrocrest Services - Councilmembers Mays and Franklin Notes: Agenda Date: 08/22/2017 Agenda Number: Sponsors: Enactment Date: Attachments: Enactment Number: Hearing Date: Contact: Effective Date: Drafter: History of Legislative File Action: Result: Return Date: Due Date: Sent To: Date: Acting Body: Ver- sion: 1 08/22/2017City Council Text of Legislative File 2017-3522 Title A.Dallas Regional Mobility Coalition - Councilmember Roden B.Metrocrest Communty Clinic - Councilmember Hill C.Metrocrest Services - Councilmembers Mays and Franklin Summary Fiscal Impact: Staff Recommendation: Goal Icon: Sustainable City Government Page 1City of Coppell, Texas Printed on 8/18/2017 Master Continued (2017-3522) Business Prosperity Community Wellness and Enrichment Sense of Community Special Place to Live Page 2City of Coppell, Texas Printed on 8/18/2017