When used in this article, the following terms, as well as their
singulars, plurals and possessives, shall have the following definitions
and meanings, unless the context of the sentence in which they are
used indicates otherwise.
A unit of measurement representing:
Each switched transmission path of the transmission media that
is physically within a public right-of-way extended to the end-use
customer's premises within the city that allows the delivery of local
exchange telephone services within the city; and that is provided
by means of owned facilities, unbundled network elements or leased
facilities, or resale;
Each termination point or points of a nonswitched telephone
or other circuit consisting of transmission media located within a
public right-of-way connecting specific locations identified by, and
provided to, the end-use customer for delivery of nonswitched telecommunications
services within the municipality; or
Each switched transmission path within a public right-of-way
used to provide central office-based PBX-type services for systems
of any number of stations within the city, and in that instance, one
path shall be counted for every 10 stations served.
An access line may not be construed to include interoffice transport
or other transmission media that do not terminate at an end-use customer's
premises or to permit duplicate or multiple assessment of access line
rates on the provision of a single service.
Communications equipment that transmits or receives electromagnetic
radio frequency signals used in the provision of wireless services.
As defined in the Cable Communications Policy Act of 1984,
as amended, 47 U.S.C. § 532 et seq. (2017).
The Code of Ordinances of the City of Katy, Texas, as amended.
The installation, mounting, maintenance, modification, operation,
or replacement of network nodes in a public right-of-way on or adjacent
to a pole.
The annual revised Consumer Price Index for All Urban Consumers
for Texas, as published by the Federal Bureau of Labor Statistics.
Any wireless facility that is covered, blended, painted,
disguised, camouflaged, or otherwise concealed such that the wireless
facility blends into the surrounding environment and is visually unobtrusive.
Concealment includes but is not limited to covering with a facade,
designs that blend with the surrounding character of an area, paint
that matches surrounding poles, disguising with landscaping, or locating
underground.
A streetlight pole specially designed and placed for aesthetic
purposes and on which no appurtenances or attachments, other than
specially designed informational or directional signage or temporary
holiday or special event attachments have been placed or are permitted
to be placed according to city code.
An area that is zoned, or otherwise designated by city code,
and for which the city maintains and enforces unique design and aesthetic
standards.
The design requirements in effect at the time of a construction
permit application, or the commencement of work not required to obtain
a permit, for specific types of facilities, including any adopted
design manuals, the city's unified development code, adopted construction
codes and any other city requirements, as amended from time to time.
All ordinances, laws, rules, resolutions, and regulations
of the city that are now in force or may hereafter be passed and adopted.
Any and all of the network nodes, transport facilities, equipment
cabinets, node support poles, duct spaces, manholes, poles, conduits,
underground and overhead passageways, and other equipment, structures,
plant, and appurtenances and all transmission media used for the provision
of wireless service or telecommunication service.
The Federal Administrative Agency, or lawful successor, authorized
to oversee cable television and other multi-channel regulation on
a national level.
An area that is zoned or otherwise designated as a historic
area under municipal, state, or federal law.
The right-of-way adjacent to a state or federal highway.
Common law or a federal, state, or local law, statute, code,
rule, regulation, order, or ordinance.
A monthly fee to be applied to each access line for the calculation
of the total amount to be paid to the city as a rights-of-way fee.
A guyed or self-supported pole or monopole greater than the
lesser of: (1) 55 feet; or (2) 10 feet higher than the tallest existing
utility pole located within 500 linear feet of the new pole in the
same public right-of-way and that supports or is capable of supporting
antennas.
A network node that is not larger in dimension than 24 inches
in length, 15 inches in width, and 12 inches in height, and that has
an exterior antenna, if any, not longer than 11 inches.
A utility pole owned or operated by a municipally owned utility,
as defined by section 11.003, Utilities Code, and located in a public
right-of-way.
Equipment at a fixed location that enables wireless communications
between user equipment and a communications network. The term includes:
A new installation, including any extension or replacement
of an existing pole where the replacement is not excepted from permit
requirements under this article.
A pole installed by a wireless network provider for the primary
purpose of supporting a network node.
Any property dedicated or used as a park or for public park
purposes or that may be dedicated or used as a park or for public
park purposes within the city.
A written authorization for the use of the public right-of-way,
including collocation on a service pole, required from the city before
a user may perform an action under this article.
Any person that has been issued a permit pursuant to the
terms of this article.
A wireless network provider or telecommunications service
provider.
A service pole, municipally owned utility pole, node support
pole, or utility pole.
An easement or other real property right that is only for
the benefit of the grantor and grantee and their successors and assigns.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest. The term does not include: (1) a private
easement; or (2) the airwaves above a public right-of-way with regard
to wireless telecommunications. This includes but is not limited to
all present and future public streets, avenues, highways, alleys,
sidewalks, boulevards, drives, tunnels, easements, bridges, and other
such similar passageways, thoroughfares, and public ways within the
city.
A public utility as that term is used in the Public Utility
Regulatory Act, V.T.C.A., Utilities Code § 11.004, including
municipally owned and/or operated utilities.
The public works director or designee of the public works
director.
The total amount paid to the city for the use and occupancy
of the rights-of-way. This fee shall be paid on a quarterly basis
for access lines and on an annual basis for other structures and facilities.
For wireless network providers, this is the rental charge paid in
accordance with chapter 284 of the Texas Local Government Code.
A pole, other than a municipally owned utility pole, owned
or operated by a municipality and located in a public right-of-way,
including: a pole that supports traffic-control functions; a structure
for signage; a pole that supports lighting, other than a decorative
pole; and a pole or similar structure owned or operated by a municipality
and supporting only network nodes.
The portion of the public right-of-way, including a highway,
designed or used for vehicular traffic, including that part of the
street marked or platted as a bicycle or public transit lane. Street
width shall be the widest of the following measurements: (1) edge
of pavement to edge of pavement, or (2) curb to curb.
Includes the following:
A replacement or upgrade that does not include replacement of
an existing node support pole nor defeat existing concealment elements
of a node support pole; and
A new or upgraded network node, including the antenna or other
equipment element, will not be more than 10 percent larger than the
existing node, provided that the increase may not result in the node
exceeding the size limitations provided by design manual; and the
new or upgraded pole will not be more than 10 percent higher than
the existing pole, provided that the increase may not result in the
pole exceeding the applicable height limitations prescribed by the
design manual.
Any "local exchange telephone service," as defined by section
51.002 of the Texas Utilities Code, or voice communications services
provided through wireline facilities located at least in part in the
public right-of-way, without regard to the delivery technology, including
Internet protocol technology. The term does not include voice service
provided by a commercial mobile service provider as defined by 47
U.S.C. section 332(d).
Any "certificated telecommunications provider" as the term
is defined by section 283.002 of the Texas Local Government Code.
Any and all of the cables, fibers, wires or other physical
devices owned, maintained or placed by a user to transmit and/or receive
communication signals, whether analog, digital or of other characteristics,
and whether for voice, data or other purposes.
Each transmission path physically within a public right-of-way,
extending with a physical line from a network node directly to the
network, for the purpose of providing backhaul for network nodes.
Acquisition, installation, construction, reconstruction,
maintenance, repair, control, or operation of any facilities within
the rights-of-way for any purpose whatsoever.
Any person that applies for a permit under this article,
or any person that owns, controls, constructs, installs, repairs,
maintains, upgrades or removes a structure in the right-of-way, including
any contractor or subcontractor of a person who owns or controls a
structure in the right-of-way.
A pole that provides: electric distribution with a voltage
rating of not more than 34.5 kilovolts; or services of a wireless
network provider, as defined by section 51.002, Utilities Code.
Any service, using licensed or unlicensed wireless spectrum,
including the use of wi-fi, whether at a fixed location or mobile,
provided to the public using a network node.
A person that provides wireless service to the public; or
a person that does not provide wireless services and that is not an
electric utility but builds or installs on behalf of a person that
provides wireless service to the public: network nodes, node support
poles, or any other structure that supports or is capable of supporting
a network node.
(Ordinance 2815 adopted 8/31/17)
No person shall commence or continue with the construction or
installation of any structure within the rights-of-way of the city
except as provided by this article, or as provided by other city permits
or written agreements with the city. Registration and permits will
be issued in the name of the person who will own the structures.
(1)
Registration required.
For the safety of all users and
the public, all users of the right-of-way must register annually with
the city. Registration shall include:
(A)
The name of the user of the right-of-way;
(B)
The name, address, and telephone number of the user;
(C)
The name(s) and telephone number of an emergency contact who shall
be available twenty-four (24) hours a day;
(D)
The location, including exact coordinates, of all structures located
in the rights-of-way; and
(E)
A description of each structure located in the rights-of-way.
(2)
Construction permit required.
Unless otherwise provided
by this article, no person shall perform any construction or installation
of structures in the right-of-way without first obtaining a construction
permit. The permit must be completed and signed by the owner or authorized
representative of the owner of the proposed structures. A construction
permit for a proposed network node, node support pole, or transport
facilities shall be processed in accordance with the timelines of
section 284.154 of the Texas Local Government Code.
(A)
Permit information required.
The person requesting a
permit will provide the public works director with documentation describing:
(i)
The proposed, approximate location, route and type of all structures
to be constructed, installed, or modified and the user's plan for
right-of-way construction.
(ii)
Engineering plans provided on a drawing scale not smaller than
one (1) inch equals one hundred (100) feet unless otherwise approved
by the public works director.
(iii)
Description of all existing public and private utilities in
close proximity to user's proposed route (within 300 feet).
(iv)
Description of plans to remove and replace pavement or drainage
works in streets. Plans submitted must conform to city standard construction
requirements and any other applicable law.
(v)
Drawings of any bores, trenches, handholes, manholes, switch gear,
transformers, pedestals, etc. including depth.
(vi)
Three (3) sets of engineering plans.
(vii)
The construction and installation methods to be employed for
the protection of existing structures, fixtures, and facilities within
or adjacent to the right-of-way.
(viii)
The name and address of the person to whom notices are to be
sent, a 24-hour per day contact number for the user in case of emergency.
(ix)
Location map that includes all other structures within 500 feet
of the proposed location.
(x)
When a new pole is proposed, an industry standard pole load analysis
certified by a licensed engineer, with soils test or geotechnical
survey where required.
(xi)
A complete application and supporting documents for land use
approval where required.
(xii)
Proof of payment of the construction permit fee and prorated
rights-of-way fee for the remaining portion of the current calendar
year.
(xiii)
Complete legend of drawings submitted by user, which may be
provided by reference to previously submitted documents.
(xiv)
The construction and installation methods to be employed for
the protection of existing structures, fixtures, and facilities within
or adjacent to the right-of-way, and the estimated dates and times
work will occur, all of which (methods, dates, times, etc.) are subject
to approval of the public works director.
(xv)
Proof of insurance or net worth.
(B)
Access to site.
All construction and installation in
the right-of-way shall be in accordance with the permit for the structures.
The public works director shall be provided access to the work and
to such further information as may reasonably be required to ensure
compliance with the permit.
(C)
Plans at site.
A copy of the construction permit and
approved engineering plans shall be maintained at the construction
site and made available for inspection by the public works director
at all times when construction or installation work is occurring.
(D)
Timeliness.
All work authorized by permit must be completed
in the time specified in the construction permit. If the work cannot
be completed in the specified time period, the permit holder may request
an extension from the public works director.
(E)
Insurance and bonds.
(i)
A user must provide proof of liability insurance in the amount of
one million dollars ($1,000,000.00). Such requirements may be waived
by the public works director if the user provides acceptable evidence
of self-insurance backed by assets equal to but not less than a net
worth in the amount of at least five million dollars ($5,000,000.00).
(ii)
The coverage provided shall be on an "occurrence" basis and
shall include coverage for personal injury, contractual liability,
premises liability, medical damages, underground, explosion, and collapse
hazards.
(iii)
Each policy must include a cancellation provision in which the
insurance company is required to notify the city in writing not fewer
than thirty (30) days before canceling, failing to renew, or reducing
policy limits.
(iv)
The user shall file the required original certificate of insurance
prior to any commencement of work. The certificate shall state the
policy number; name of the insurance company; name and address of
the agent or authorized representative of the insurance company; name,
address and telephone number of insured; policy expiration date; and
specific coverage amounts.
(v)
The user shall file a surety bond from a surety company authorized
to do business in the state in the amount of fifteen thousand dollars
($15,000.00) to guarantee the restoration of the right-of-way in the
event the user leaves a jobsite in the right-of-way unfinished, incomplete,
or unsafe. Such requirement for a surety bond may be waived by the
public works director upon a showing of financial responsibility by
the applicant.
(F)
Approval.
Unless otherwise provided by this article,
requests for permits shall be approved or disapproved by the public
works director within a reasonable time of receiving all the necessary
information.
(G)
Preconstruction meeting.
The public works director or
user may request a preconstruction meeting.
(3)
Exception to construction permit and registration requirement.
The following activities shall not be required to obtain a permit
under this article.
(A)
Emergencies.
Emergency responses related to existing
structures may be undertaken without first obtaining a permit; however,
the public works director must be notified in writing within two (2)
business days of any construction related to an emergency response.
A reasonably detailed description of the work performed in the right-of-way
and an updated map of any structures moved shall be provided as soon
as practicable.
(B)
Routine maintenance.
(i)
The following routine activities are not required to obtain a permit:
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.
(ii)
At least 24-hour advance written notice to the public works
director of work performed under this section is required, including
proof that the user is acting with approval of a pole's owner if structures
are being collocated on an existing pole.
(C)
Building permits.
The owner of driveways, streets, and
other permanent structures constructed in the public right-of-way
pursuant to a building permit obtained under the adopted construction
codes of the city is not required to register the structures annually.
(Ordinance 2815 adopted 8/31/17)
(a)
Advance notice required.
The public works director shall
be notified twenty-four (24) hours in advance that construction is
ready to proceed by either the right-of-way user, their contractor
or representative, including the name, address, and phone numbers
of the contractor performing the actual construction, and the name
and telephone number of the individual who will be available at all
times during construction. Failure to provide the above information
will result in the suspension of the permit until the required information
is received.
(b)
Conformance to other laws.
All construction shall be
in conformance with all city codes and applicable local, state, and
federal laws.
(c)
Erosion control.
Erosion control measures (i.e., silt
fence) and advance warning signs, markers, cones, and barricades must
be in place before work begins. Permit holder may be required to show
proof of EPA approved plans relating to stormwater and erosion when
applicable or a letter stating such plans are not required. User shall
comply with city, state, and federal guidelines regulating stormwater
management erosion control. Requirements shall include, but not be
limited to, silt fencing around any excavation that will be left overnight,
silt fencing in erosion areas until reasonable vegetation is established,
barricade fencing around open holes, and high erosion areas will require
wire backed silt fencing, or straw bales, as appropriate.
(d)
Lane closures.
Lane closures on collectors and thoroughfares,
as identified by the city's thoroughfare plan, are limited to periods
after 8:30 a.m. and before 4:00 p.m. unless the public works director
grants prior approval. Arrow boards will be required on lane closures,
with all barricades, advanced warning signs and thirty-six-inch (36")
reflector cones placed according to the specifications of the public
works director.
(e)
Workmanship.
Users are responsible for the workmanship
and any damages caused by a contractor or subcontractor.
(f)
Notice of damage.
All users shall notify the public
works director immediately of any damage to utilities or other structures,
either city or privately owned.
(g)
Prior approval required for street or sidewalk cut.
Except in the event of an emergency, prior approval must be obtained
from the public works director when a street or sidewalk cut is required
and all requirements of the city shall be followed. Repair of all
street and sidewalk removals shall be made promptly to avoid safety
hazards to vehicle and pedestrian traffic.
(h)
Interference prohibited.
Newly installed structures
shall not interfere with facilities or structures of other users,
in particular gravity dependent facilities.
(i)
Depth.
Underground structures shall be installed at
a minimum of two (2) feet depth, unless approved by the public works
director or as otherwise provided by this article.
(j)
Working hours.
Except in the event of an emergency,
working hours in the rights-of-way are 7:00 a.m. to 7:00 p.m., Monday
through Saturday. Work that needs to be performed after 7:00 p.m.
Monday through Saturday must be approved in advance. Except in the
event of an emergency, any work performed on Sunday must be approved
twenty-four (24) hours in advance by the public works director. Directional
boring is permitted only Monday through Friday, unless approved in
advance.
(k)
Plans of record.
Right-of-way users shall provide the
public works director with "plans of record" within ten (10) days
of completion of structures in the right-of-way. Submittal of "plans
of record" should be in digital formatting as well as written or in
any other format requested by the public works director.
(Ordinance 2815 adopted 8/31/17)
(a)
Permit rights apply to permit holder only.
The rights
granted by this article inure to the benefit of the permit holder
only. The rights granted by permit may not be assigned, transferred,
or sold to another. For the purposes of this section, assignment,
transfer or sale means a change of operating control of the permit
holder, expressly excepting an assignment or transfer to entities
that control, are controlled by, or are under common control with
the permit holder.
(b)
Not exclusive.
No rights agreed to in this article by
the city shall be exclusive and the city reserves the right to grant
franchises, licenses, easements or permissions to use the rights-of-way
within the city to any person as the city, in its sole discretion,
may determine to be in the public interest.
(c)
Deed restrictions.
A user installing structures in a
public right-of way shall comply with private deed restrictions and
other private restrictions in the area.
(d)
Cable service not authorized by permit.
A permit holder
is not authorized to provide cable service as a cable operator in
the city under this article, but must first obtain a franchise agreement
from the city for that purpose, under such terms and conditions as
may be required by law. A permit for the installation, placement,
maintenance, or operation of a network node or transport facility
under this article shall not confer authorization to provide cable
service or video service, as defined by section 66.002, Utilities
Code, or information service as defined by 47 U.S.C. section 153(24),
or wireless service as defined by 47 U.S.C. section 153(53), in the
public right-of-way.
(e)
Interference not permitted; notice and time for correction of interference.
A wireless network provider shall ensure that the operation
of a network node does not cause any harmful radio frequency interference
to a Federal Communications Commission-authorized mobile wireless
operation of the city operating at the time the network node was initially
installed or constructed. On written notice, a wireless network provider
shall take all steps reasonably necessary to remedy any harmful interference.
If a wireless network provider fails to correct any harmful interference
within 60 days of written notice, the city may upon 14 day advance
written notice revoke any and all permits and registrations for the
network node.
(f)
Permit limited.
A permit provided under this article
does not provide authorization for attachment of network nodes on
poles and other structures owned or operated by investor-owned electric
utilities, as defined by section 31.002, Utilities Code, electric
cooperatives, telephone cooperatives, as defined by section 162.003,
Utilities Code, or wireless providers, as defined by section 51.002,
Utilities Code.
(g)
Other requirements.
The city may impose additional requirements
on the activities of providers in the public right-of-way to the extent
that the regulations are reasonably necessary to protect the health,
safety, and welfare of the public.
(Ordinance 2815 adopted 8/31/17)
Prior to initiating construction of a "city project" in the
right-of-way, the city will provide each right-of-way user preliminary
project plans at various stages of completion (i.e., thirty (30) percent
plans, sixty (60) percent plans, ninety (90) percent plans and final
plans). Upon receipt of the first submittal of preliminary project
plans (thirty (30) percent plans), each right-of-way user shall be
responsible for verifying the location of its underground structures
in the vicinity of the city's project. In verifying the location of
structures as required by this section, each right-of-way user shall
compile the information obtained regarding any structures located
in the right-of-way that are potentially affected by the city project
and shall, within thirty (30) days of receipt of the first submittal
of the preliminary project plans, make that information available
to the city in a written and verified format acceptable to the public
works director. Whenever by reasons of widening or straightening of
streets, water or sewer line projects, or any other city projects
(i.e., install or improve storm drains, water lines, sewer lines)
it shall be deemed necessary by the governing body of the city to
remove, alter, change, adapt, or conform the underground or overhead
structures of a right-of-way user, such alterations shall be made
by the owner of the structures at the owner's expense within forty-five
(45) calendar days from the receipt of written notice to make the
alterations, unless a different schedule has been approved by the
public works director. The owner of the structures shall be responsible
for any direct costs incurred by the city, associated with project
delays resulting from owner's failure to conform structures within
the time limits established by this section. Reimbursement for all
costs provided for by this subsection shall be made within thirty
(30) calendar days from the day which the owner receives written notice
of such costs.
(Ordinance 2815 adopted 8/31/17)
(a)
Proper installation required.
Structures in the rights-of-way
shall be properly installed, repaired, upgraded and maintained. Structures
shall be considered to be improperly installed, repaired, upgraded,
or maintained if:
(1)
The installation, repairs, upgrade, or maintenance endangers people;
(2)
The structures do not meet the applicable city requirements;
(3)
The structures are not capable of being located using standard practices;
or
(4)
The structures are not located in the proper place in accordance
with the plans approved by the public works director.
(b)
Existing structures.
This section shall not apply to
structures installed prior to the effective date of this article unless
such structures are repaired or upgraded.
(c)
Public works director review of poles.
When poles are
used, the type of poles, location, depth, upgrades, etc. shall be
subject to review of the public works director, unless otherwise provided
by this article.
(Ordinance 2815 adopted 8/31/17)
(a)
Restoration of affected property required.
Users of
the right-of-way shall restore property affected by construction in
the right-of-way to a condition that is equal to or better than the
condition of the property prior to the performance of the work. This
includes, but is not limited to, replacing all natural ground cover
with an equal or better type of ground cover damaged during work,
either by sodding or seeding, as directed by public works director.
(b)
Restoration requirements.
Restoration shall be to the
reasonable satisfaction of the public works director. The restoration
shall include, but not be limited to:
(c)
Locator flags.
All locator flags shall be removed during
the cleanup process by the permit holder or permit holder's contractor
at the completion of the work.
(Ordinance 2815 adopted 8/31/17)
If any provisions of this article are not followed, a permit
may be revoked by the public works director. If any user fails to
follow the terms and conditions of this article, new permits may be
denied or additional terms required prior to issuance of permits to
the same user.
(Ordinance 2815 adopted 8/31/17)
(a)
Construction requirements.
Except where expressly provided
otherwise by state law, a user shall construct and maintain structures
in the public rights-of-way in accordance with the design manual to
ensure structures do not:
(1)
Obstruct, impede, or hinder the usual travel or public safety on
a public right-of-way;
(2)
Obstruct the legal use of a public right-of-way by other utility
users;
(3)
Violate nondiscriminatory applicable codes;
(4)
Violate or conflict with the city's publicly disclosed public right-of-way
design specifications; or
(5)
Violate the Federal Americans with Disabilities Act of 1990 (ADA).
(b)
Design manual.
Structures to which this article applies
must conform to the specifications required by the construction codes
and design manual as adopted by the city at the time the permit application
is submitted.
(c)
Requests for temporary moves.
Upon request, the permit
holder shall remove or raise or lower its aerial wires, fiber or cables
temporarily to permit the moving of houses or other bulky structures.
The expense of such temporary rearrangements shall be paid by the
party or parties requesting them, and the permit holder may require
payment in advance. The permit holder shall be given not less than
forty-eight (48) hours advance notice to arrange for such temporary
rearrangements.
(d)
Tree trimming.
The permit holder, its contractors and
agents have the right, permission and license to trim trees upon and
overhanging the rights-of-way to prevent trees from coming in contact
with the permit holder's facilities. When directed by the city, tree
trimming shall be done under the supervision and direction of the
public works director.
(Ordinance 2815 adopted 8/31/17)
(a)
Construction permit fee.
Except as otherwise provided
by chapter 283 of the Texas Local Government Code, the user shall
pay to the city a construction permit fee that is calculated as of
the date of application for permit by applying the appropriate permit
fee to each of the proposed structures included in the application,
in accordance with the city's fee schedule, not to exceed the values
provided in the table below.
(b)
Rights-of-way fee.
The permit holder shall pay to the
city a rights-of-way fee that is calculated in accordance with chapter
283 of the Texas Local Government Code, an agreement with the city,
or the table below, as applicable. The rights-of-way fee for access
lines shall be as proscribed by the Texas Public Utilities Commission.
Rights-of-way fees for all facilities other than access lines shall
be prorated for the first year in which a construction permit fee
is paid, and shall be paid at the time of the permit application.
|
Equipment Type
|
Construction Permit Fee
|
Rights-of-Way Fee
|
|---|---|---|
|
Transport facilities
|
$500.00 per node for first 5 nodes, $250.00 for each additional
node
|
$28.00 per month per node1 4
|
|
Network node
|
$500.00 per node for first 5 nodes, $250.00 for each additional
node
|
$250.00 per year per node2 3
|
|
Node support poles
|
$1,000.00 per pole
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NA
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1 Unless equal or greater amount
is paid under chapter 283 of the Local Government Code or chapter
66 of the Utility Code.
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2 As adjusted by an amount equal
to one-half the annual change, if any, in the consumer price index.
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.
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3 Collocated network nodes on city
service poles shall also pay an annual collocation fee at a rate not
greater than $20.00 per year per service pole.
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4 A wireless network provider may
not install its own transport facilities unless the provider: (i)
has a permit to use the public right-of-way; and (ii) pays to the
city a monthly public right-of-way fee for transport facilities in
an amount equal to $28.00 multiplied by the number of the provider's
network nodes located in the public right-of-way for which the installed
transport facilities provide backhaul unless or until the time the
provider's payment of fees to the city exceeds its monthly aggregate
per-node compensation to the city. A wireless network provider that
wants to connect a network node to the network using the public right-of-way
may: (i) install its own transport facilities as provided in this
section; or (ii) obtain transport service from a user that is paying
right-of-way fees to occupy the public right-of-way that are the equivalent
of not less than $28.00 per node per month. A public right-of-way
fee required by this section is in addition to any other public right-of-way
fee required by the city.
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(c)
Annexation and disannexation.
For the purpose of compensating
the city under this article, a user shall start including or excluding
structures within an annexed or disannexed area within thirty (30)
days of written notice by the city to the user of the annexation or
disannexation.
(d)
Timing of rights-of-way fee payment.
Permit holder shall
remit the rights-of-way fees on an annual basis, unless otherwise
proscribed by chapter 283 of the Texas Local Government Code or a
written agreement with the city. Unless otherwise mandated by state
law, the payment of rights-of-way fees shall be due on January 31st
of each year following the year in which a construction permit fee
and prorated rights-of-way fee was paid, and each subsequent year
until (i) the structures are removed from the right-of-way and written
notice provided to the city, or (ii) the structures are no longer
owned by the permit holder and written notice of the new owner's name,
address, and phone number are provided to the city.
(Ordinance 2815 adopted 8/31/17)
The permit holder shall indemnify and hold the city harmless
from all costs, expenses, and damages to persons or property arising
directly or indirectly from the construction, maintenance, repair,
or operation of the permit holder's facilities located within the
rights-of-way found to be caused solely by the negligence of the permit
holder. Expenses shall include any reasonable and necessary attorney's
fees and court costs. The city shall give the permit holder prompt
written notice of any claim for which the city seeks indemnification.
The permit holder shall have the right to investigate, defend and
compromise any such claim. This provision is not intended to create
a cause of action or liability for the benefit of third parties, but
rather this provision is solely for the benefit of the city.
(Ordinance 2815 adopted 8/31/17)
(a)
Street widening or straightening.
Upon thirty (30) days
notice by the city, permit holder shall begin relocation of its structures
within the rights-of-way at its own expense in a timely manner to
permit the widening or straightening of streets, unless expressly
provided otherwise by state law. The notice by the city shall include
a specification of the new location for the permit holder's structures
along the rights-of-way.
(b)
City's right to relocate.
The city retains the right
to move any structures within the rights-of-way to cure or otherwise
address a public health or safety emergency. The city shall cooperate
to the extent possible with the permit holder in such instances to
assure continuity of service and to afford to the permit holder the
opportunity to make such relocation.
(Ordinance 2815 adopted 8/31/17)
In the event this article, or any fee or other provision of
this article, becomes unlawful or is declared or determined by a judicial
or administrative authority exercising its jurisdiction to be excessive,
unenforceable, void, or illegal, in whole or in part, then the city
and all permit holders shall negotiate a new compensation arrangement
that is in compliance with the authority's decision.
(Ordinance 2815 adopted 8/31/17)
Where this article conflicts with any other provision of the
City Code of Ordinances, this article shall control. Where facilities
are governed by the Texas Utilities Code or chapter 283 of the Texas
Local Government Code and there is a conflict with a specific provision
of this article, the provision of this article shall not apply to
those specific facilities to the extent of the conflict.
(Ordinance 2815 adopted 8/31/17)
