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HomeMy WebLinkAbout6-14-2007-2l - Resolution - 06/14/2007 RESOLUTION NO. 6 -14- 2007 -21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, ADOPTING POLICIES AND PROCEDURES FOR LOCATION OF TELECOMMUNICATIONS FACILITIES ON CITY PROPERTY. WHEREAS, the City of College Station, Texas, may be approached from time to time by telecommunications providers desiring to locate telecommunications facilities on City property; and WHEREAS, the City desires to establish policies and procedures regarding the potential location of telecommunications facilities on City property; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby adopts the proposed policies and procedures for location of telecommunications facilities on City property as set out in the attached Exhibit PART 2: That this resolution shall take effect immediately from and after its passage. ADOPTED this 14 day of June, A.D. 2007. ATTEST: APPROVED: ity Secretary Mayor APPROVED: VERIFY anthantiriry with A nnrrw Tt City Attorney L Resolution No. 6 -14- 2007 -21 Page 2 ID EXHIBIT "A" TELECOMMUNICATION FACILIT(IES) POLICY AND PROCEDURES FOR LOCATING ON CITY PROPERTY I. INTRODUCTION The telecommunications industry will continue to need facilities to support the growing cell phone demands in College Station. In August, 2002 a City staff committee was created to consider how to address what will become an increasing demand for a greater number of towers. In October, 2002 the Planning & Zoning Committee and City Council provided direction for these policies and procedures. Initial policy was adopted in February 2003. II. PURPOSE: In siting cellular facilities the City has two distinct roles - one of regulator and one of lessor for cell tower facilities on City property. The purpose of this policy is to establish procedures for the leasing of City property and facilities to cellular communications providers which requires co- location of telecommunication facilities if feasible. III. POLICY The City may lease City property or facilities under certain terms and conditions. All leases shall be non - exclusive as required by FCC regulations, 47 CFR, Ch. I (10 -1 -05 Edition), Part 59- • Infrastructure Sharing. Telecommunication installations must meet all permitting requirements, as well as, all applicable federal, state or local laws and ordinances. Planning and Development Services shall be responsible for the (1) zoning and permitting process as provided under the Unified Development Code and any other applicable codes and ordinances and (2) maintaining a list of potential siting locations including City premises. The Department of Information Technology (IT) shall be responsible for the lease of City facilities to cellular communication providers. All leases are subject to City Council approval on a case -by -case basis. a) Lessee Rent will be determined with the coordination of the Department of Fiscal Services using the following evaluation factors that apply to the telecommunication installation: • fair market value of the telecommunication facility • land costs of the proposed City premises as determined by the City's Land Agent • value of City asset should the equipment be placed on a City facility • fees paid to other governmental agencies for similar installations • fees paid to private lessors • costs of installation • costs to City for providing staff to allow provider access to secure areas • for on -going maintenance or emergency repairs Resolution No. 6 -14- 2007 -21 Page 3 ® • whether the facility would enhance or deteriorate value of City facility or property • design of the telecommunication equipment b) IT will coordinate the selection of a City property or facility for the telecommunication infrastructure with the appropriate department. c) The City's Parks and Recreation Advisory Board will review telecommunication facilities proposed to be installed in City Parks prior to City Council consideration. d) IT will coordinate problem resolution subsequent to the installation of the telecommunication facility. e) All lease revenues from telecommunication facilit(ies) on public property will be placed in the appropriate fund. First priority for use of these funds will be to maintain and improve the site location where the telecommunication facility was installed. f) During years or partial years in which lease payments are received for telecommunications facilit(ies) covered under this policy, an annual report shall be made to Council. The City may restrict the number of cell towers, antennae, or telecommunication equipment on City premises for any reason including but not limited to aesthetics, the proliferation of telecommunication equipment at a particular site, radio interference, structural integrity, or public safety. Submittal of a telecommunication proposal does not bind the City to any • provisions of the proposal. IV. PROCEDURES: a) A request to lease City property or facilities: 1) Shall be submitted to the Department of Information Technology in writing. 2) Must include, but is not limited to, the provider's legal name and status, corporate as well as local contact information, description of the site requested, proposed rental fee, description of proposed telecommunication facility, site lay -out, representative drawings of proposed telecommunication facility and any other information reasonably necessary for the City to make a decision on whether or not to lease the property or facility. b) Provider must sign the City's lease agreement and provide associated documents prior to the agreement being submitted to the City Council for consideration. c) Provider must design and construct the telecommunications facility to accommodate other telecommunication providers. If it is not feasible to design a co- location facility, provider must explain the reasons why it is unable to do so. d) Provider must disclose whether it intends to sublease or lease any space on the facility to secondary telecommunications providers. e) All subleases will be subject to an additional lease fee. f) IT, working with other City Departments, will determine if provider's proposal is 0 feasible or if the City has the legal right to lease the proposed City property. Resolution No. 6 -14- 2007 -21 Page 4 g) IT will negotiate a lease agreement, and coordinate the submission of the lease to the City Council for consideration. APPROVED: /1 Mayor Date: h — \S - 6') ATTEST: 1C'fl • City Secretary L