File #: 18-0772    Version: Name: Ord 2018-37 Small Wireless Facilities
Type: Ordinance Status: Consent Agenda
File created: 7/18/2018 In control: Board of Mayor & Aldermen
On agenda: 8/28/2018 Final action: 8/28/2018
Title: Consideration of Ordinance 2018-37, AS AMENDED, An Ordinance to Amend Title 16, Chapter 14, and Appendix A of the City of Franklin's Municipal Code as it Pertains to Small Wireless Facilities in the Public Right-Of-Way. (08/14/18 WS and BOMA 1st Reading 8-0) SECOND AND FINAL READING
Sponsors: Shauna Billingsley, Misty Foy, Paul Holzen
Attachments: 1. 2018-37 ORD Small Cell Ordinance 08-16-2018-no bold or strikethrough.Law Approved 3.pdf, 2. 2018-37 ORD Small Cell Ordinance.Law Approved 2.pdf, 3. 2018-37 ORD Small Cell Ordinance_ Revised per State Law _with Appendix A LAW APPROVED 08-02-2018

 

DATE:                                                               July 18, 2018

 

TO:                                          Board of Mayor and Aldermen

 

FROM:                                          Eric Stuckey, City Administrator

                                                  Shauna R. Billingsley, City Attorney

                                                  Misty Lavender Foy, Assistant City Attorney

                                                 Paul Holzen, Director of Engineering

                     

SUBJECT:                                           

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Consideration of Ordinance 2018-37, AS AMENDED, An Ordinance to Amend Title 16, Chapter 14, and Appendix A of the City of Franklin’s Municipal Code as it Pertains to Small Wireless Facilities in the Public Right-Of-Way. (08/14/18 WS and BOMA 1st Reading 8-0) SECOND AND FINAL READING

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Purpose

The purpose of this memorandum is to provide information to the Franklin Board of Mayor and Aldermen (BOMA) concerning Ordinance 2018-37, An Ordinance to Amend Title 16, Chapter 14, and Appendix A of the City of Franklin Municipal Code as it Pertains to Small Wireless Facilities in the Public Right-Of-Way.

 

Background

On April 24, 2018, the Competitive Wireless Broadband Investment, Deployment, and Safety Act of 2018 was passed by the Tennessee General Assembly, which added Tennessee Code Annotated 13-24-401, et seq.  This new state legislation set forth requirements for municipalities in the regulation of small wireless facilities.  The amendment to the ordinance is per state law only.  No new changes or additions were made to the ordinance.

 

Financial Impact

Per the new state law, specific fees, including the application fee and annual rates, were mandated and capped.  Appendix A is amended per those limitations.

 

Recommendation

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Staff recommends approval of Ordinance 2018-37, an Ordinance to Amend Title 16, Chapter 14, and Appendix A of the City of Franklin’s Municipal Code as it pertains to Small Wireless Facilities in the Public Right-of-Way.