Title
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF FOLEY, ALABAMA IN OPPOSITION TO PROPOSED LEGISLATION
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ No, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
Body
WHEREAS, there is currently legislation pending before the Alabama Legislature, Senate Bill 264; and,
WHEREAS, this proposed legislation will allow the installation of utility poles and
wireless facilities within City owned right-of-way as a matter of right; and,
WHEREAS, this proposed legislation preempts the ability of local governments to adopt ordinances in conflict with this legislation or to fashion different legislation to address this subject matter at the local level; and,
WHEREAS, this proposed legislation does not strike an appropriate balance between the need for deployment of wireless broadband infrastructure and the need for local governments to manage its own right-of-way; and,
WHEREAS, this proposed legislation exempts power utility companies from the collocation requirements; and,
WHEREAS, the exemption of the power utility companies from participation in this legislation provides an incentive for the placement of new poles in local government right-of-way; and,
WHEREAS, the proposed legislation imposes exacting and unrealistic application review, processing, and permit issuance standards on local governments; and,
WHEREAS, the proposed legislation prohibits local governments from charging in excess of $100 per pole, per year, for the placement of new wireless infrastructure poles in local government right-of-way; and,
WHEREAS, this proposed legislation allows utility poles in the right-of-way to be as high as 50 feet from grade or 10 percent taller than any existing pole within 500 feet; and,
WHEREAS, this legislation may result in a proliferation of aesthetically objectionable utility poles in City of Foley-owned right-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF FOLEY THAT
1. The City Council does hereby voice its formal objection to this legislation;
2. This legislation unduly benefits the wireless industry at the expense of the residents of the City of Foley ability to manage its rights of way at the local governance level;
3. This legislation needs to be restructured with greater deference given to local governments and local control of rights of way; and
4. A copy of this Resolution be provided to the City of Foley local delegation as promptly as possible.