File #: BILL NO. 18-212    Name:
Type: Ordinance Status: Passed
File created: 11/27/2018 In control: City Council - Regular Session
On agenda: 12/4/2018 Final action: 12/18/2018
Title: An Ordinance amending the Schedule of Fees and Charges for the City of Lee’s Summit to Establish Fees and Charges for Use of the Right-of-Way or City Infrastructure in the Right-of-Way by Wireless Providers. (NOTE: First Reading by City Council on December 4, 2018.)
Attachments: 1. Ordinance, 2. Exhibit A
Related files: BILL NO. 18-211
Title
An Ordinance amending the Schedule of Fees and Charges for the City of Lee’s Summit to Establish Fees and Charges for Use of the Right-of-Way or City Infrastructure in the Right-of-Way by Wireless Providers.
(NOTE: First Reading by City Council on December 4, 2018.)

Body

Issue/Request:
Consideration and adoption of An Ordinance amending the Schedule of Fees and Charges for the City of Lee’s Summit to establish fees and charges for use of the right-of-way and City infrastructure in the right-of-way for small wireless facilities.

Key Issues:

The proposed amendment will create the following three fees that the City will charge for collocations and installations of new poles or modifications to and replacements of existing poles:

- Application Fee for Collocation of SWF on City Pole without
Installation/Modification/Replacement of City Pole: $100/per pole

- Application Fee for Collocation of SWF on Utility Pole with
Installation/Modification/Replacement of Utility Pole in the Right-of-Way: $500/per pole

- Annual Rate for Collocation of SWF on City Pole: $150/per pole/per year

The definition of "Utility Pole" in the Uniform Small Wireless Facility Deployment Act ("USWFDA") includes City Poles, and City Poles are defined in the USWFDA as a utility pole owned, operated, maintained and/or managed by or on behalf of the City (e.g. streetlight). Application fees are charged only once, at the time of application, for each new SWF location. Rates are charged annually for each SWF collocated (or attached) on a City Pole. The USWFDA does not allow these fees and rates to increase with inflation, and the City is cannot charge a use fee for a wireless provider’s use of the rights-of-way even if the provider installs its own poles or equipment in the rights-of-way.

Proposed City Council Motion:
SECOND MOTION: I move for adoption of an Ordinance Amending the Schedule of Fees and Charges for the City of Lee’s Summit to Establish Fees and Charg...

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