HomeMy WebLinkAboutORD1454ORDINANCE NO. 1454
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE,VOLUME I,CHAPTER 4:FEES,ARTICLE 4-6,PUBLIC
WORKS FEE SCHEDULE,BY ADDING NEW SECTION 4-6-2,SMALL
WIRELESS FACILITIES RIGHTS -OF -WAY FEES AND CHARGES;
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR PENALTIES; ESTABLISHING AN
EFFECTIVE DATE; AND ESTABLISHING A REVOLVING SIXTY MONTH
REVIEW PERIOD.
WHEREAS, the mayor and city council last approved an amended
public works fee schedule on April 19,2016 when it adopted
Ordinance No. 1425; and
WHEREAS,recent legislative changes have resulted in a new
category of fees and charges dedicated to small wireless facilities
("SWF") being installed in public rights -of -way ("ROW").
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
The Apache Junction City Code,Volume I, Chapter 4:Fees,Article
4-6,Public Works Fee Schedule,new Section 4-6-2,Small Wireless
Facilities Rights -of -Way Fees and Charges,is hereby added to read
as follows:
SECTION 4-6-2 SMALL WIRELESS FACILITIES RIGHTS -OF -WAY FEES
AND CHARGES
The following schedule of fees shall apply to a small wireless
facilities ("SWF") placed in public rights -of -way ("ROW"):
ROW use fee $50.00/year x number of
SWFs
ROW use fee for monopoles and Limited to not more than
associated wireless facilities the direct and actual cost
of managing the ROW as
determined by the public
works department
Authority utility pole attachment $50.00/year
SWF collocation $100.00 per SWF up to five
$50.00 per additional SWF
ORDINANCE NO. 1454
PAGE 1 OF 4
Batched applications up to 25 SWFs:
First five SWFs at $100.00 $500.00
Additional 20 sites at $50.00 $1,000.00
Total for batch of 25 $1,500.00
Applications submitted from July 1 - December 31 of any given year:
Annual Use Fee - City ROW $25
Annual Use Fee - City Pole in ROW $25
Ordinary Permit Use Fee:
SWF as defined in A.R.S.§9-591(19)$750.00
SWF as defined in A.R.S.§9-594 $1,000
Utility pole and monopole applications:
New, replacement or modified utility
poles
$750.00
Violation Use Fees*:
Failure to restore ROW or correct
violations of specifications, code,
ordinance or standards within ten $600 per day
(10) business days after receiving
notice to correct.
Failure to make books and records $250 per day
available.
Any action or non -action by Provider
contrary to Standard Terms that
causes inconvenience costs and is $500 per occurrence
not cured after three (3) business
days notice.
* Violation Use Fee is in addition to any cost the City may incur
to restore the ROW or correct the violation.
Assignment Fee:Provider shall pay to City in advance Five Hundred
Dollars ($500)non-refundable fee for legal,administrative and
other expenses related to each pre -approved assignment or to any
request for a consent to assign, whether or not City grants such
request.
ORDINANCE NO. 1454
PAGE 2 OF 4
Late Fees:Should any Violation Use Fee not be paid on or before
the due date,a late fee in the amount of the greater of ten
percent (10%) or One Hundred Dollars ($100) shall be applied.Any
Violation Use Fee that is not timely paid shall accrue interest at
the rate of one and one-half percent (1.5%) per month from the date
the amount first came due.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion of
this ordinance or any part of the codes or regulations adopted
herein by reference is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction,such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV PROVIDING FOR PENALTIES
Any violation of the provisions adopted herein shall be punishable
as a class one misdemeanor consistent with Apache Junction City
Code, Volume I, Chapter 1:GENERAL,ARTICLE 1-1:GENERAL,§ 1-1-11,
PENALTY.
SECTION V ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective February 9,
2018.
SECTION VI ESTABLISHING A REVIEW PERIOD
Before the end of each sixty month period after its passage,
adoption and approval by the mayor and city council, staff shall
review the fees and provide a recommendation to the mayor and city
council for any amendments.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCAL OF THE CITY OF
APACHE JUNCTION,ARIZONA,THIS DAY OF B et_emiit
2017.
SIGNED AND ATTESTED TO THIS (.5-114 DAY OF Arcerri6e-, 2017.
ORDINANCE NO. 1454
PAGE 3 OF 4
JEFF SERD
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1454
PAGE 4 OF 4