HomeMy WebLinkAbout5413 RESOLUTION NO. 5 4 1 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTION B, 5.
FRANCHISE AGREEMENTS FEES, OF THE CURRENT
CITY OF AUBURN MASTER FEE SCHEDULE
WHEREAS, the City of Auburn has a Master Fee Schedule adopted via resolution
by the City Council for permits, licenses, publications and actions; and
WHEREAS, Section B, 5. of the Master Fee Schedule specifies fees for the
Engineering and Public Works Fees, Franchise Agreements; and
WHEREAS, in 2018, the Federal Communications Commission (FCC) adopted
the Declaratory Ruling and Third Report and Order and issued a rule entitled Accelerating
Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure
Investment, which became effective January 14, 2019, limiting the amount of fees a city
can charge for the deployment of Small Wireless Facilities located in the public rights-of-
way; and
WHEREAS, Auburn City Code 20.02.010(1) authorizes the City, to the extent
permitted by federal and state law, to secure fair and reasonable compensation to the city
and the residents of the city for permitting private use of the public ways; and
WHEREAS, the City's fee schedule does not currently contain the fees for the
deployment of Small Wireless Facilities; and
WHEREAS, the City has adopted Auburn City Code 20.14 and developed
processes for reviewing and administering Small Wireless Facilities Siting and
Construction Permit Applications and wishes to efficiently process those permits within
the FCC regulations.
Resolution No. 5413
March 5, 2019
Page 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN.
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Section B, 5 of the fee schedule of the City of Auburn is amended as
provided in Exhibit "A", attached..
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed this \',1),\-__day of , 2019.
CITY OF AUBURN
ANCY S, MAYO
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
Resolution No. 5413
March 5, 2019
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EXHIBIT "A"
B. ENGINEERING AND PUBLIC WORKS FEES
5. Franchise Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No.
5255, Resolution No. 5319 and Resolution No, 5388.
Application/Renewal/Amendment Application Fee $5,300.00 Nonrefundable Initial Fee +
(ACC 13.36.040, ACC 20.06,120, ACC 20.06.130) plus the City's actual costs incurred in
excess of$5,300.00. Initial Fee is due
at time of application any additional
costs beyond the initial fee is due prior
to the effective date of the agreement.
Annual Administration Fee (ACC 20.04.170) Actual City Costs
Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior
three months.
Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of
Gross Revenue
Small Wireless Facility Siting and Construction Permit $500.00 for Existing. Relocated, or
Application Fee (ACC 20.02.010, ACC 20.14.020) Replaced Structure for up to five sites
or
$1,000.00 for each New Structure
(These fees include all City
permitting costs except the Franchise
Application/Renewal/Amendment
and Administration Fee.)
Resolution No. 5413
March 5, 2019
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