HomeMy WebLinkAboutLocal Government Code Chapter 284 presentation 08-28-17September 1stChapter 284 Takes Effect
The Town of Westlake will be prepared
Chapter 284•The new statute takes effect on September 1, 2017!
•No moratorium (Section 284.151(c))
•The Town of Westlake staff has been working with the Town
Attorney on the new ordinance since the legislation passed
•What is required:
•Review and amend ROW ordinance
•Add a Design Manual component
•Prepare a Pole Attachment agreement
•Review and modify Permit Applications
WirelessEstimator.com
Where we are today•Under chapter 284, companies will pay $200 per node
annually and will be allowed to install network nodes and new
poles. The nodes may be installed upon private facilities (such
as electric poles) or street lights, or
•Installed on municipal facilities, such as traffic control signals,
municipal streetlights or municipal signs.
•No other law has ever allowed private companies to be on
municipal traffic signals or signs.
•The installations could obviously cause problems in regard to
traffic safety and will diminish the useful life of municipal
facilities.
What we need to do now•The legislation may be challenged,and that challenge may be
successful.But meanwhile the law will take effect on
September 1,and without the proposed ordinance,there will
be no protection for Town property and aesthetics and no
protection for existing utilities in the ROW or for city streets.
•It is very important to pass the new ROW Management
ordinance.
•The ordinance generally has 4 parts:
•a general administrative section;
•a right-of-way section for all ROW users;
•and a design manual section
•An appeal section
What else is needed?
•Agreement to get on Town facilities (can require an
agreement, but cannot say no)
•Provide for administrative authority to sign agreement?
•Application and permit forms
•Familiarize staff with time limits for approval of permits
Questions?