HomeMy WebLinkAboutOrd 754-2017 ROW AmendmentCITY OF ANNA, TEXAS
ORDINANCE NO rlCi`i -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
AMENDING ORDINANCE NO. 748-2017 (MANAGEMENT OF PUBLIC RIGHTS-OF-
WAY); ESTABLISHING A REVISED ORDINANCE FOR PUBLIC RIGHT-OF-WAY
MANAGEMENT; AMENDING PART IV OF THE CODE OF ORDINANCES
(SCHEDULE OF FEES), ARTICLE 5 (GENERAL MISCELLANEOUS FEES), BY
AMENDING AND REVISING SECTIONS 11 AND 15, AND ADDING A NEW SECTION
74; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") is charged with maintaining control of and
access to the right-of-way in order to protect the health, safety, and welfare of its
citizens; and
WHEREAS, in accordance with applicable federal laws, including, but not limited to, 47
U.S.C., Section 253(c) and state laws, including, but not limited to, Texas Utility Code,
Section 14.008 and Section 54.205, Texas Civil Statutes, Article 1175, Texas Local
Government Code, Chapter 284, and Section 283.056, the City exercises its historical
rights to control and manage its public rights-of-way in a competitively neutral and
nondiscriminatory basis; and implement certain police power regulations in the use of
those public rights-of-way; and
WHEREAS, the City Council of Anna ("City Council") has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend The
Anna City Code of Ordinances ("Anna Code"), by amending Part II, Article 50 (Public
Right -of -Way Management), Section 11 (Construction Standards), Section 15 (Location
of Utility Structures), to add a new Section 74 (Ownership), and to amend Part IV
(Schedule of Fees), Article 5 (General Miscellaneous Fees), Section 12 (Right -of -Way
Permit Fee);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Amending Article 50 to Part II of the Anna Code
2.01 This ordinance amends Part 11, Article 50 (Public Right -of -Way Management),
Section 11 (Construction Standards) of the Anna Code to add the provisions below, to
CITY OF ANNA, TEXAS ORDINANCE NO. -) Page 1 of 5
become and made part of the Anna Code, with additional provisions in underlined text
(example) and deleted provisions in strikethrough text (example), as follows:
ARTICLE 50. PUBLIC RIGHT-OF-WAY MANAGEMENT
Section 11. Construction Standards
11.04 Public Notification.
(a) For any closure of a traffic lane or blocking of a sidewalk or alley
lasting six days or less, the permittee shall conspicuously mark its
vehicles with the permittee's name and telephone number.
(b) For projects scheduled to last more than seven calendar days, a three
feet by three feet informational sign stating the identity of the person
doing the work, a local telephone number and Owner's identity shall be
placed at the location where construction is to occur 48 hours prior to
the beginning of work in the Right -of -Way and shall continue to be
posted at the location during the entire time the work is occurring. The
informational sign will be posted on the Public Right -of -Way 100 feet
before the construction location commences, unless other posting
arrangements are approved or required by the Director.
(c) When projects last more than seven calendar days, the Owner shall
also provide written notification to all adjacent property occupants 48
hours prior to the beginning of construction. Informational fliers shall
include the person doing the work, a local telephone number, Owner's
identity, and proposed schedule.
(d) Owner shall provide the notice in subsection (c) above to record
owners and occupants (if applicable) of all properties abutting the
same Public Right -of -Way within 300 linear feet of any area where
Facilities are to be relocated or removed prior to initiating such work.
(Ordinance - , adopted )
2.02 This ordinance amends Part II, Article 50 (Public Right of Way Management),
Section 15 (Location of Utility Structures) of the Anna Code to add the provisions below,
CITY OF ANNA, TEXAS ORDINANCE NO. 5 Page 2 of 5
to become and made part of the Anna Code, with additional provisions in underlined
text (example) and deleted provisions in strikethrough text (example), as follows:
ARTICLE 50. PUBLIC RIGHT-OF-WAY MANAGEMENT
Section 15. Location of Utility Structures
15.07 Underground facilities shall not be removed without the advance written
consent of the City which shall not be unreasonably withheld. This
restriction is applicable even when the Owner's franchise or other
Municipal Authorization to occupy a public right-of-way has expired or
been otherwise terminated and also applies when underground facilities
are being abandoned.
(Ordinance - , adopted )
2.03 This ordinance amends Part II, Article 50 (Public Right -of -Way Management), of
the Anna Code to add a new Section 74 (Ownership), to become and made part of the
Anna Code, with additional provisions in underlined text (example) and deleted
provisions in strikethrough text (example), as follows:
ARTICLE 50. PUBLIC RIGHT-OF-WAY MANAGEMENT
Section 51. — Section 734. Reserved.
Section 74. Ownership
No equipment fixtures or other personal property erected or placed in a Public
Rights -of -Way by any Person other than the City will become or be considered
by the City as being affixed to or a part of, the Public Rights -of -Way. All
portions of said personal property constructed, modified, erected, or placed by
a Person other than the City on across, over, or beneath the Public Rights -of -
Way will remain the property of its original owner unless and until an
appropriate written dedication of property is delivered to the City and a
corresponding written acceptance is issued. The owner of non -City property
located in the Public Rights -of -Way may direct the removal of the property at
any time subiect to any prior notification requirements imposed by this Article
or other law and scheduling restrictions relating to work taking place in the
CITY OF ANNA, TEXAS ORDINANCE NO. M Page 3 of 5
Public Rights -of -Way.
(Ordinance - , adopted )
Section 3. Amending the Anna Code, Part IV, Article 5
3.01 This ordinance amends Part IV (Fee Schedule), Article 5 (General Miscellaneous
Fees), Section 12 (Right -of -Way Fees) of the Anna Code by adding the provisions to
become and made part of Anna Code, with additional provisions in underlined text
(example) and deleted provisions in strikethrough text (exan4p-le),as follows:
Article 5. General Miscellaneous Fees
Section 12. Right -of -Way Fees
The City shall not issue any refunds of fees tendered for any equipment covered
by Texas Local Government Code Chapter 284 which has been removed.
(Ordinance - , adopted
12.01 Public Right -of -Way Construction Application Fees
See Part II, Article 50 for definitions of the terms below.
(a) Network Nodes and Transport Facilities: The lesser of:
i) Actual cost to the City, or
ii) $500 for an application including up to 5 network nodes, and $250
for each additional network node per application.
(b) Node Support Poles: lesser of the actual cost to the City, or $1,000 per
application for each pole.
(c) Permits for other construction in a public right-of-way: $100.
CITY OF ANNA, TEXAS ORDINANCE NO. 5 Page 4 of 5
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. Cross-references in other parts, articles or sections of the
Anna Code which make reference to previous enactments carrying the same
designation as any section amended by this ordinance shall be construed as
referencing whichever currently effective provision best preserves the original intent and
effect of the cross-reference. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and immediately after its
passage and upon the posting and/or publication, if required by law, of its caption and
the City Secretary is hereby directed to implement such posting and/or publication.
OA SSED by the City Council of the City of Anna, Texas, this44jyday of
2017.
ATTESTED: APPROVED:
OF
City Secretary, Carrie L. Smith �yorl
` {�ll���lll11�11ti
ro Tem, Justin Burr
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