This division shall be construed in accordance with chapter
284 of the Texas Local Government Code to the extent not in conflict
with the Constitution and laws of the United States or of the state.
To extent of any conflict between this division and the remainder
of this article, this division controls.
(Ordinance 2017-32 adopted 10/23/17)
For the purpose of this division, the definitions found in the
city’s design manual for the installation of network nodes and
node support poles are hereby incorporated into this division and
shall apply unless the context clearly indicates or requires a different
meaning. In addition, the definitions from section 284.002 of the
Texas Local Government Code are specifically incorporated into this
section by reference. In addition, in this section:
The City of Bridgeport, Texas.
The governing body of the City of Bridgeport, Texas.
Chapter 284 of the Texas Local Government Code.
The city’s design manual for the installation of network
nodes and node support poles.
Includes any public easement or other compatible use created
by dedication, or by other means, to the city for public utility purposes
or any other purpose whatsoever. “Easement” shall include
a private easement used for the provision of utilities.
The Federal Administrative Agency, or lawful successor, authorized
to oversee cable television and other multichannel regulation on a
national level.
Only the paved portion of the right-of-way used for vehicular
travel, being the area between the inside of the curb to the inside
of the opposite curb, or the area between the two parallel edges of
the paved roadway for vehicular travel where there is no curb. A “street”
is generally part of, but smaller in width than the width of the entire
right-of-way, while a right-of-way may include sidewalks and utility
easements. A “street” does not include the curb or the
sidewalk, if either are present at the time of a permit application
or if added later.
“Micro network nodes,” “network nodes,”
and “node support poles” as those terms are defined in
[Texas Local Government Code] chapter 284.
(Ordinance 2017-32 adopted 10/23/17)
Pursuant to this division and subject to the design manual and
chapter 284, a wireless network provider has the nonexclusive right
to use and occupy the public rights-of-way in the city for the purpose
of constructing, maintaining, and operating its facilities used in
the provision of wireless facilities. The terms of this division shall
apply to all wireless network providers’ facilities used, in
whole or part, in the provision of wireless services throughout the
city, including any annexed areas upon the effective date of annexation
or the date the city provides the company written notice, whichever
date occurs later.
(Ordinance 2017-32 adopted 10/23/17)
All wireless network providers shall comply with the terms of
this division and the remainder of this article, and are hereby included
in the definition of a “public service provider” for the
purposes of this article. All wireless network providers shall also
comply with applicable codes, the terms and conditions of the city’s
design manual, and chapter 284.
(Ordinance 2017-32 adopted 10/23/17)
(a)
Except as otherwise provided in chapter 284, a network provider shall
obtain a permit or permits from the city to install a network node,
node support pole, or transport facility in a public right-of-way.
(b)
As required by chapter 284, the city shall not require a network
provider to perform services for the city for which the permit is
sought.
(c)
A network provider that wants to install or co-locate multiple network
nodes inside the municipal limits of the city is entitled to file
a consolidated permit application with the city for not more than
30 network nodes, and upon payment of the applicable fee(s), receive
a permit or permits for the installation or co-location of those network
nodes.
(d)
The network provider shall provide the following information in its
permit applications:
(1)
Applicable construction and engineering drawings and information
to confirm that the applicant will comply with this article, the city’s
design manual, chapter 284, and applicable codes;
(2)
Any additional information reasonably related to the network provider’s
use of the public rights-of-way to ensure compliance with the design
manual and this division;
(3)
A certificate that the network nodes comply with applicable regulations
of the Federal Communications Commission; and certification that the
proposed network nodes will be placed into active commercial service
by or for the network provider not later than the 60th day after the
date of construction and final testing of each network node is completed.
(e)
Exception.
(1)
As provided in section 284.157 of chapter 284, a network provider
is not required to apply, obtain a permit, or pay a rate to the city
for:
(A)
Routine maintenance that does not require excavation or closing of
sidewalks or vehicular lanes in a public right-of-way;
(B)
Replacing or upgrading a network node or network pole with a node
or pole that is substantially similar in size or smaller and that
does not require excavation or closing of sidewalks or vehicular lanes
in a public right-of-way; or
(C)
The installation, placement, maintenance, operation, or replacement
of micro network nodes that are strung on cables between existing
poles or node support poles in compliance with the National Electrical
Safety Code.
(Ordinance 2017-32 adopted 10/23/17)
A network provider must obtain advance written consent from
the city council before co-locating new network nodes or installing
new node support poles in an area of the city that has been zoned
or otherwise designated as a historic district or as a design district
if the district has decorative poles. The network provider shall be
required to comply with the requirements described in the city’s
design manual. The city has the authority to designate new historic
districts and design districts in the future.
(Ordinance 2017-32 adopted 10/23/17)
A network provider may not install a new node support pole in
a public right-of-way without the city council or their designee’s
discretionary, nondiscriminatory, and written consent if the public
right-of way:
(1)
Is in a municipal park; or
(3)
In addition to the above, a network provider installing a network
node or node support pole in a public right-of way shall comply with
private deed restrictions and other private restrictions in the area
that apply to those facilities.
(4)
The network provider shall be further required to comply with guidelines
set out in the city’s design manual.
(Ordinance 2017-32 adopted 10/23/17)
(a)
Determination of application completeness.
The city
shall determine whether the permit application is complete and notify
the applicant of that determination:
(b)
Approval or denial of application.
The city shall approve
or deny a completed application after the date it is submitted to
the city:
(1)
For network nodes, no later than 60 days after the date the city
receives the complete application;
(2)
For network support poles, no later than 150 days after the date
the city receives the complete application; and
(3)
For transport facilities, no later than 21 days after the city receives
the complete application.
(c)
Basis for denial of application.
If an application is
denied by the city, it shall document the basis for the denial, including
the specific applicable city code provisions or other city rules,
regulations, or other law on which the denial is based. The documentation
for the denial must be sent by electronic mail to the applicant on
or before the date that the city denies the application.
(d)
Resubmission of denied application.
The applicant may
cure the deficiencies identified in the denial application.
(1)
The applicant has 30 days from the date the city denies the completed
application to cure the deficiencies identified in the denial documentation
without paying an additional application fee, other than any fee for
actual costs incurred by the city.
(2)
The city shall approve or deny the revised completed application
after a denial not later than the 90th day after the city receives
the revised completed application. The city’s review shall be
limited to the deficiencies cited in the denial documentation.
(Ordinance 2017-32 adopted 10/23/17)
A network provider shall begin installation for which a permit
is granted not later than six months after final approval of the application
and shall diligently pursue installation to completion. The city,
in its sole discretion, may grant reasonable extensions of time as
requested by the network provider.
(Ordinance 2017-32 adopted 10/23/17)
(a)
As compensation for the network provider’s use and occupancy
of the public rights-of-way, the network provider shall pay application
fees and annual public right-of-way rental rates as set forth below,
which shall be in lieu of any lawful tax, license, charge, right-of-way
permit, use, construction, street cut or inspection fee, or other
right-of-way related charge or fee, whether charged to the network
provider or its contractor(s) within the city, except the usual general
ad valorem taxes, special assessments and sales tax levied in accordance
with state law and equally applicable to all general businesses in
the city.
(b)
Network nodes.
(1)
The application fee shall be $500.00 per application covering up
to 5 network nodes, and $250.00 for each additional network node per
application.
(2)
The annual public right-of-way rate shall be $250.00 per network
node installed in the city public rights-of-way.
(3)
As provided in section 284.054 of chapter 284, the city may adjust
the amount of the annual public right-of-way rate not more than annually
by an amount equal to one-half the annual change, if any, in the consumer
price index (CPI). The city shall provide written notice to each network
provider of the new rate; and the rate shall apply to the first payment
due to the city on or after the 60th day following the written notice.
(c)
Node support poles.
The application fee for each network
support pole shall be $1,000.00.
(d)
Transfer facilities.
(1)
The application fee for each transfer facility shall be $500.00 per
application covering up to 5 nodes, and $250.00 for each additional
node per application.
(2)
The annual transfer facility rental rate shall be $28.00 monthly
for each network node site located in a public right-of-way. However,
no rate is required if the network provider is already paying the
city an amount equal to or greater than the amount of other city right-of-way
fees for access lines under chapter 283 of the Texas Local Government
Code or cable franchise fees under chapter 66 of the Texas Utilities
Code.
(e)
Micro network nodes.
No application fee is required
for a micro network node if the installation is attached on lines
between poles or node support poles.
(f)
Co-location of network nodes on service poles.
Subject
to the city’s license agreement, the co-location of network
nodes on city service poles shall be at a rate of $20.00 per year
per service pole.
(g)
City-owned municipal utility poles.
A network provider
shall pay an annual pole attachment rate for the co-location of a
network node supported by or installed on a city-owned utility pole
based upon the pole attachment rate consistent with section 54.024
of the Texas Utilities Code, applied on a per-foot basis.
(Ordinance 2017-32 adopted 10/23/17)
As provided in section 284.302 of chapter 284, a network provider
shall indemnify, defend, and hold the city harmless from and against
all liability, damages, cost, and expense, including reasonable attorney’s
fees, arising from injury to person or property proximately caused
by the negligent act or omission of the network provider. The city
shall promptly notify the network provider of any claims, demands,
or actions (“claims”) covered by this indemnity after
which the network provider shall defend the claims. The network provider
shall have the right to defend and compromise the claims. The city
shall cooperate in the defense of the claims. The foregoing indemnity
obligations shall not apply to claims arising solely from the negligence
of city; however, they shall apply in the case of all claims which
arise from the joint negligence of the network provider and the city;
provided that in such cases, the amount of the claims for which the
city shall be entitled to indemnification shall be limited to that
portion attributable to the network provider. Nothing in this section
shall be construed as waiving any governmental immunity available
to the city under state law or waiving any defenses of the parties
under state law.
(Ordinance 2017-32 adopted 10/23/17)
Nothing in this division shall govern attachment of network
nodes on poles and other structures owned or operated by investor-owned
electric utilities, electric cooperatives, telephone cooperatives,
or telecommunication providers.
(Ordinance 2017-32 adopted 10/23/17)
