Res 2014-072/Pole attachment rate for electric poles and underground conduit

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RESOLUTION NO. 2014 -72R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, INCREASING THE UNIFORM POLE ATTACHMENT RATE AND ESTABLISHING A UNIFORM UNDERGROUND CONDUIT RATE FOR THE USE OF THE CITY'S ELECTRIC POLES OR CITY -OWNED UNDERGROUND CONDUIT. RECITALS: 1. The City owns electric utility poles and utility conduit within the public rights -of -way ( "utility infrastructure "); and 2. The Texas Utilities Code, Section 54.204(c) prohibits a municipally owned utility or a municipality from charging any entity a pole attachment rate greater than the fee it would be permitted to charge under rules adopted by the Federal Communications Commission ( "FCC ") under 47 U.S.C. § 224(e) if the municipally owned utility were regulated under federal law and the rules of the FCC. 3. City may charge communications providers a single uniform rate for pole attachments and underground conduit rate that is non - discriminatory in favor or against communication providers. "Communications provider" means a user who provides or offers to provide cable, telecommunications, or video services pursuant to a franchise or a federal or state certificate and who has a right to use the City's public right -of -way for the provision of those services under federal, state, or local law. "User" means a person or entity that has been granted the right to install an attachment on city utility infrastructure; and 4. The City has engaged a consultant to conduct a study of its single non - discriminatory uniform pole attachment rate and to develop a single non - discriminatory uniform underground conduit rate for the city's utility infrastructure to be charged to users of such infrastructure that complies applicable law; and BE IT RESOLVED by the City Council of the City of San Marcos, Texas: PART 1: The City Council hereby determines the new uniform pole attachment rate is $15.83 per pole attachment per year. "Pole Attachment" means any attachment by a Communications provider or User to a utility pole or conduit owned by the City. PART 2. The City Council hereby establishes a uniform underground conduit rate in the amount of $3.17 per linear foot per year. "Conduit" means a structure containing one or more ducts. "Duct" means a single enclosed raceway for a conductor, cable, or wire.